THUTO PLATFORMS - TERMS OF SERVICE

Version: 1.0

Effective Date: July 2026

Please read these Terms of Service (“Terms”) carefully before using the Thuto Platforms mobile application or website. By creating an account, accessing the Platform, or using any of our services, you agree to be legally bound by these Terms and our Privacy Policy, which together form the entire agreement between you and Thuto Platforms Proprietary Limited.

If you do not agree to these Terms, you must not register for an account or use the Platform.

If you are registering on behalf of a user under the age of 16, or if a user under 16 is accessing the Platform with your knowledge, you as the parent or legal guardian accept these Terms on their behalf. Please read Section 4 carefully.

SECTION 1 — DEFINITIONS

The following defined terms are used throughout these Terms. Understanding them will help you understand your rights and obligations.

·     “Thuto Platforms”, “we”, “us”, or “our”:

◦     Thuto Platforms Proprietary Limited, the company that owns and operates the Platform.

·     “Platform”:

◦     The Thuto Platforms mobile application (iOS and Android) and/or the Thuto Platforms website, individually or collectively, through which educational services are delivered.

·     “App”:

◦     The Thuto Platforms mobile application, which is the primary service delivery channel.

·     “Website”:

◦     The Thuto Platforms website, which may be used for information, marketing, and account access purposes. The extent of content delivery through the Website continues to be developed.

·     “User” or “you”:

◦     Any person who registers for an account or accesses the Platform, including students, learners, parents, and guardians.

·     “Minor”:

◦     Any person under the age of 18, as defined under Botswana law.

·     “Content”:

◦     All educational materials available on the Platform, including video lessons, notes, assessments, and any other materials produced by or licensed to Thuto Platforms.

·     “Subscription”:

◦     A paid monthly access plan that grants a registered User access to Content on the Platform.

·     “Account”:

◦     The personal user account created by a User upon registration on the Platform.

·     “App Provider”:

◦     Apple Inc. (Apple App Store) or Google LLC (Google Play Store), through whose platforms the App may be downloaded.

·     “DPA” or “the Act”:

◦     The Botswana Data Protection Act 18 of 2024.

·     “Privacy Policy”:

◦     The Thuto Platforms Privacy Policy, which forms part of this agreement and governs the collection, processing, and protection of personal data.

SECTION 2 — COMPANY INFORMATION

Thuto Platforms Proprietary Limited is the contracting party for these Terms and the data controller responsible for all personal data processed through the Platform.

Registered Legal Name

• Thuto Platforms Proprietary Limited

Trading Name

• Thuto Platforms

Registration No.

• BW00005131675

Registered Address

• Plot 53915, Block 5, Gaborone, Botswana

Postal Address

• P O Box 20327, Francistown, Botswana

Contact Email

• DPO@thutoplatforms.co.bw

For all legal, privacy, or service-related enquiries, please contact us at DPO@thutoplatforms.co.bw. We are committed to responding to all correspondence promptly.

SECTION 3 — THE PLATFORM AND SERVICES

3.1 What Thuto Platforms Offers

Thuto Platforms is an educational technology platform delivering curriculum-aligned learning content to students in Botswana. The Platform currently provides:

·     Pre-recorded video lessons aligned to the Botswana General Certificate of Secondary Education (BGCSE) and International General Certificate of Secondary Education (IGCSE) syllabi.

·     Educational notes in various formats, available for on-Platform viewing.

All Content on the Platform is strictly for on-Platform use only. No Content is downloadable, transferable, or accessible outside the Platform.

No Content on the Platform is available for download to any external device. Attempting to download, copy, screen-record, or extract any Content is a breach of these Terms and may result in immediate account suspension and or deletion.

3.2 Future Features

The following features are planned for future release. They do not currently form part of the Platform and will be subject to updated Terms and Privacy Notices upon launch:

·     Assessments and quizzes.

·     Discussion forums and community features.

·     An AI-powered tutor or chatbot.

·     Parental dashboards enabling parents and guardians to monitor their child’s learning activity.

We reserve the right to add, modify, or discontinue any feature of the Platform at any time. We will notify registered Users of material changes in accordance with Section 17 of these Terms.

 3.3 Platform Availability

The Platform is available via the Thuto Platforms mobile application (iOS and Android) and the Thuto Platforms website. The mobile application is the primary service delivery channel. We endeavor to maintain consistent Platform availability but do not guarantee uninterrupted access. We may carry out maintenance, updates, or modifications to the Platform at any time, and access may be temporarily unavailable as a result.

3.4 App Store Relationship

If you download the App through the Apple App Store or Google Play Store (each, an “App Provider”), you acknowledge and agree that:

·     These Terms are between you and Thuto Platforms only. The App Provider is not a party to these Terms and bears no responsibility for the App or its content.

·     The App Provider has no obligation to provide maintenance, support, or warranty services in respect of the App.

·     The App Provider is not responsible for addressing any claims you or any third party may have relating to the App.

·     The App Provider is a third-party beneficiary of these Terms solely to the extent permitted by applicable law.

SECTION 4 — ELIGIBILITY

4.1 Minimum Age

The Platform is accessible to users aged 10 years and above. By creating an Account or using the Platform, you confirm that you are at least 10 years of age.

4.2 Users Under 18 — Parental and Guardian Consent

This section is of critical importance. The Platform serves students as young as 10 years of age. Botswana law imposes strict requirements on the processing of children’s personal data, and parental or guardian consent is a mandatory eligibility condition for users under 16.

Our consent framework operates as follows:

·     Users aged 16 and above may register and accept these Terms independently.

·     Users under the age of 16 must have the express consent of a parent or legal guardian before registering or using the Platform. By completing registration on behalf of a user under 16, the parent or guardian accepts these Terms in full and takes responsibility for the user’s compliance with them.

We verify parental consent through OTP verification sent to the parent or guardian's registered mobile number. The account is not activated until the OTP is successfully entered, confirming the parent or guardian's active participation in the registration process.

Parents and guardians who consent on behalf of a minor user are responsible for monitoring that user’s use of the Platform and for ensuring compliance with these Terms.

4.3 Accuracy of Registration Information

By creating an Account, you represent and warrant that all information you provide during registration is accurate, complete, and current. You agree to update your information promptly if it changes. Providing false, misleading, or incomplete information is a breach of these Terms and may result in immediate account suspension or termination.

SECTION 5 — USER ACCOUNTS

5.1 Account Creation

To access the Platform, you must create an Account by providing the following information:

·     First name and surname.

·     Date of birth.

·     Academic level (PSLE, JCE, BGCSE, or IGCSE).

·     Mobile number — for users aged 16 and above, this is the learner's own number. For users under 16, this is the parent or guardian's number, which becomes the primary account identifier and recovery channel.

·     A password, created at the time of registration and used for all subsequent logins.

·     A profile picture, uploaded voluntarily after account creation.

Each Account is personal to the registered User. Only one Account may be created per individual.

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials, including your password. You are also responsible for all activity that occurs under your Account, whether or not you authorized it. You must notify us immediately at DPO@thutoplatforms.co.bw if you suspect any unauthorized access to or use of your Account.

We do not have access to your current password. For security reasons, we can only assist you in resetting your password. We are not responsible for any loss or damage arising from your failure to protect your login credentials.

5.3 Account Restrictions

You may not:

·     Share your Account, login credentials, or access with any other person. Each Account is for the exclusive use of the registered individual.

·     Attempt to access, use, or interfere with any other User’s Account.

·     Create multiple Accounts for the same individual.

·     Circumvent, disable, or otherwise interfere with any security feature of the Platform.

·     Use the Account of another person without their express permission.

Account sharing is a serious breach of these Terms and will result in suspension or permanent termination of the Account. We reserve the right to detect and act on account sharing through technical monitoring.

5.4 Account Inactivity

If your Account has been inactive for a continuous period of 12 or more months, we may, at our discretion, suspend or terminate your Account and delete the associated data in accordance with our data retention policy. We will endeavor to notify you prior to any such action using the contact details registered to your Account.

5.5 Account Termination by Thuto Platforms

We may suspend or permanently terminate your Account, with or without prior notice, in any of the following circumstances:

·     You breach any provision of these Terms.

·     You share your Account or login credentials with another person.

·     You attempt to misuse, circumvent, or exploit the Platform or its security measures.

·     Required parental or guardian consent for a minor user cannot be verified.

·     Your Account has been inactive for 12 or more consecutive months.

·     We are required to do so by law, regulatory directive, or court order.

·     We reasonably believe that continued access poses a risk to the Platform, other Users, or third parties.

Where we suspend or terminate your Account for a breach of these Terms, you will not be entitled to any refund of subscription fees paid.

5.6 User-Initiated Account Deletion

You may delete your Account at any time on the platform or by contacting us at DPO@thutoplatforms.co.bw. Upon deletion of your Account during an active Subscription period, your access to the Platform will be removed immediately and no refund will be issued for the remaining portion of the subscription period. Your personal data will be retained and subsequently deleted in accordance with our Privacy Policy and applicable law.

SECTION 6 — SUBSCRIPTIONS AND PAYMENTS

6.1 Subscriptions

Access to the Platform is provided on a monthly subscription basis (“Subscription”). Subscription fees are charged at the rates published on the Platform at the time of purchase. We reserve the right to revise our Subscription pricing at any time, with advance notice to registered Users.

By subscribing, you authorize us to charge the applicable monthly fee to your selected payment method on a recurring monthly basis until you cancel your Subscription or your Account is terminated.

6.2 Payment Methods

We accept payment through the following methods:

·     Debit and credit cards.

·     Mobile money services, including Orange Money, Mascom MyZaka, and BTC SMEGA.

·     Any other payment methods we may introduce and publish on the Platform from time to time.

You represent and warrant that you are authorized to use any payment method you provide. You are responsible for ensuring that your payment details are accurate and current. If a payment is declined or fails, we may suspend your access to the Platform until payment is successfully processed.

6.3 Cancellation

You may cancel your Subscription at any time through your Account settings or by contacting us at DPO@thutoplatforms.co.bw. Upon cancellation, you will retain access to the Platform until the end of the current billing period for which payment has been made. No further charges will be applied after the cancellation date.

6.4 Refund Policy

All payments made to Thuto Platforms are non-refundable, except where expressly required by applicable law.

Specifically:

·     No refund will be issued for partial use of a Subscription period.

·     No refund will be issued upon early cancellation of a Subscription.

·     No refund will be issued where a User fails to use the Platform during a paid Subscription period.

·     No refund will be issued upon voluntary Account deletion during an active Subscription period.

·     No refund will be issued where an Account is suspended or terminated as a result of a breach of these Terms.

In exceptional circumstances, such as a verifiable billing error or a technical failure directly attributable to the Platform that has prevented access for a material portion of a paid period, we may, at our sole discretion, review and consider a refund or credit. Such requests must be submitted to DPO@thutoplatforms.co.bw within 14 days of the relevant billing date.

SECTION 7 — ACCEPTABLE USE

7.1 Permitted Use

Access to the Platform is granted for personal, non-commercial educational use only. You may access and view Content on the Platform solely for your own learning and study purposes.

7.2 Prohibited Conduct

By using the Platform, you agree that you will not:

·     Engage in any form of cheating, academic fraud, or examination misconduct.

·     Download, copy, record, screenshot, screen-capture, or otherwise extract any Content from the Platform, in whole or in part.

·     Share, distribute, upload, transmit, or otherwise make available any Content outside the Platform.

·     Reproduce, republish, adapt, translate, or create derivative works from any Content without our prior written consent.

·     Share your Account login credentials with any other person or allow any other person to access the Platform through your Account.

·     Attempt to gain unauthorized access to any part of the Platform, any other User’s Account, or any system or network associated with the Platform.

·     Use the Platform for any unlawful purpose or in a manner that violates any applicable law or regulation, including the Botswana Data Protection Act 18 of 2024.

·     Introduce any virus, malware, or malicious code into the Platform or any system connected to it.

·     Use automated tools, bots, scrapers, or scripts to access, extract, or interact with the Platform.

·     Impersonate any person or entity or misrepresent your affiliation with any person or entity.

·     Engage in any conduct that is abusive, harassing, threatening, defamatory, or otherwise harmful to other Users or to Thuto Platforms.

·     Use the Platform in any manner that could damage, disable, overburden, or impair its operation.

If you violate any of these rules, we may, without prior notice, issue a warning, suspend your Account, or permanently terminate your Account. We may also pursue any remedies available to us under applicable law.

SECTION 8 — INTELLECTUAL PROPERTY

8.1 Ownership of Content

All Content available on the Platform, including video lessons, notes, assessments, graphics, text, audio, visual materials, and any other educational materials, is the exclusive intellectual property of Thuto Platforms Proprietary Limited, or is used under valid license from the respective rights holders. All rights are reserved.

Nothing in these Terms transfers any intellectual property rights to you. Your use of the Platform does not grant you any ownership of license to use, any Content beyond the limited personal educational license described in Section 8.2 below.

8.2 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view Content on the Platform solely for your own personal educational purposes. This license does not permit you to:

·     Download any Content to any device or external storage medium.

·     Copy, record, reproduce, or capture Content in any format.

·     Share, distribute, or make Content available to any other person, whether outside the Platform.

·     Use Content for any commercial, public, or institutional purpose.

·     Sub-license, sell, or otherwise transfer any rights in Content to any third party.

This license is automatically revoked upon termination or suspension of your Account.

8.3 Thuto Platforms Brand

The name “Thuto Platforms”, our logo, and all associated trademarks and brand identifiers are the exclusive property of Thuto Platforms Proprietary Limited. You may not use, reproduce, or adapt our brand assets without our prior written consent.

SECTION 9 — DATA PROTECTION AND PRIVACY

Your privacy is important to us. The collection, use, processing, and storage of your personal data is governed by our Privacy Policy, which is incorporated into and forms part of these Terms. Please read our Privacy Policy carefully.

We process all personal data in accordance with the Botswana Data Protection Act 18 of 2024. By using the Platform, you acknowledge that your personal data will be processed in accordance with our Privacy Policy.

Key aspects of how we handle your data include:

·     We collect identity data, contact data, educational data, profile data, usage data, and technical data as set out in our Privacy Policy.

·     We use analytics tools, including Google Analytics, and cookies to understand how the Platform is used and to improve our services.

·     We may share your data with carefully selected third-party service providers, including cloud hosting providers, payment processors, and communication providers, all of whom are contractually bound to handle your data in accordance with applicable law.

·     Your data may be transferred to and processed in countries outside Botswana, including the United States. We maintain a local copy of all personal data within Botswana and ensure appropriate safeguards are in place for all cross-border transfers, in accordance with Section 43 of the Act.

·     We retain personal data for the duration of your Account and for up to five (5) years following Account closure, subject to applicable legal and regulatory obligations.

To exercise your rights under the Act, including the right to access, correct, delete, or restrict the processing of your personal data, please contact our Data Protection Officer at DPO@thutoplatforms.co.bw. For full details of your rights and how to exercise them, refer to our Privacy Policy.

SECTION 10 — CONTENT ACCURACY, DISCLAIMERS, AND LIMITATION OF LIABILITY

10.1 Content Accuracy

Thuto Platforms is committed to producing high-quality, curriculum-aligned educational content and takes all reasonable steps to ensure the accuracy of the Content available on the Platform. However, errors, omissions, or inaccuracies may occur. You are encouraged and expected to verify Content independently and to use the Platform as one of several educational resources.

Thuto Platforms does not guarantee examination results, academic performance, or any specific educational outcome. Use of the Platform does not assure or imply success in any examination.

10.2 No Warranties

To the fullest extent permitted by applicable law, the Platform and all Content are provided on an “as-is” and “as-available” basis. Thuto Platforms makes no representations or warranties of any kind, whether express or implied, in relation to:

·     The accuracy, completeness, reliability, suitability, or availability of the Platform or any Content.

·     The uninterrupted, timely, or error-free operation of the Platform.

·     The fitness of the Platform or Content for any particular purpose.

·     Results or outcomes to be achieved through use of the Platform.

Nothing in this section limits any rights you may have under applicable Botswana consumer protection law.

10.3 Limitation of Liability

To the fullest extent permitted by applicable law, Thuto Platforms and its officers, directors, employees, and representatives shall not be liable for:

·     Any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Platform or any Content.

·     Any loss of data, loss of revenue, loss of educational opportunity, or loss of academic performance arising from use of the Platform.

·     Any damage or loss arising from unauthorized access to or alteration of your data, where such access or alteration resulted from your failure to maintain the security of your login credentials.

In any event, the total aggregate liability of Thuto Platforms to you, arising from or in connection with these Terms or your use of the Platform, whether in contract, delict, or otherwise, shall not exceed the total subscription fees paid by you to Thuto Platforms in the three (3) calendar months immediately preceding the event giving rise to the claim.

Nothing in this section excludes or limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable Botswana law.

10.4 Indemnity

You agree to indemnify, defend, and hold harmless Thuto Platforms Proprietary Limited and its officers, directors, employees, and representatives from and against any and all claims, losses, damage, costs, and expenses (including reasonable legal fees) arising from or in connection with:

·     Your use of, or inability to use, the Platform.

·     Your breach of any provision of these Terms.

·     Any misrepresentation made by you in connection with your Account or use of the Platform.

·     Any violation by you of any applicable law or regulation.

·     Any third-party claim arising from your use of the Platform in violation of these Terms.

10.5 Equitable Relief

You acknowledge that a breach of your obligations under Part VII (Acceptable Use) or Part VIII (Intellectual Property) of these Terms may cause irreparable harm to Thuto Platforms for which monetary damages would be an inadequate remedy. Accordingly, Thuto Platforms shall be entitled to seek injunctive relief or other equitable remedies from a court of competent jurisdiction, without the requirement to post bond or other security, in addition to any other rights or remedies available by law.

SECTION 11 — THIRD-PARTY SERVICES

The Platform may, from time to time, integrate with or reference third-party services, tools, or websites. These third-party services are governed by their own terms and privacy policies. Thuto Platforms is not responsible for the content, availability, data practices, or security of any third-party service.

Our integration with or reference to a third-party service does not constitute an endorsement of that service or its practices. You access any third-party service at your own risk.

SECTION 12 — Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or in connection with them, including any question regarding their existence, validity, or termination, shall be governed by and construed in accordance with the laws of the Republic of Botswana.

12.2 Informal Resolution

We are committed to resolving disputes fairly and efficiently. If you have a dispute or concern arising from your use of the Platform or these Terms, we encourage you to contact us first at DPO@thutoplatforms.co.bw. We will endeavor to resolve the matter informally within 60 days of receiving your written complaint. Many disputes can be resolved quickly and satisfactorily through direct engagement, and we encourage this approach before initiating any formal proceedings.

12.3 Formal Dispute Resolution

If a dispute cannot be resolved informally within 60 days, either party may pursue resolution through the courts of Botswana, which shall have exclusive jurisdiction to settle any dispute arising from or in connection with these Terms or your use of the Platform. You irrevocably submit to the jurisdiction of the courts of Botswana for this purpose.

SECTION 13 — GENERAL PROVISIONS

13.1 Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, applicable law, or business practices. Where changes are material, we will notify you by prominent notice on the Platform and, where possible, by direct communication to your registered contact details, at least 14 days prior to the changes taking effect.

Continued use of the Platform following the effective date of any revised Terms constitutes your acceptance of those revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform and may delete your Account in accordance with Section 5.6.

13.2 Force Majeure

Thuto Platforms shall not be liable for any delay or failure to perform any obligation under these Terms arising from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, changes in law or regulation, civil unrest, acts of government, power outages, telecommunications failures, cyberattacks, or acts of third-party internet service providers.

13.3 Survivability

The following provisions shall survive the termination or expiry of these Terms and remain in full force and effect: Part 8 (Intellectual Property), Part 10 (Content Accuracy, Disclaimers, and Limitation of Liability), Part 12 (Governing Law and Dispute Resolution), Section 13.5 (Severability), Section 13.6 (Waiver), and Section 13.8 (Entire Agreement).

13.4 Assignment

You may not assign, transfer, or sub-license any of your rights or obligations under these Terms to any other person without our prior written consent. Thuto Platforms may assign or transfer its rights and obligations under these Terms to any successor entity or in connection with a merger, acquisition, or sale of all or substantially all of our assets, without your consent, provided that the successor entity assumes all obligations under these Terms.

13.5 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remainder of these Terms shall continue in full force and effect.

13.6 Waiver

Our failure or delay in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent or continuing breach. All waivers must be in writing to be effective.

13.7 Notices

All notices to you under these Terms will be effective when sent to the phone number registered to your Account, or when posted as a notification within the Platform. All notices to us should be sent in writing to DPO@thutoplatforms.co.bw or to our registered address at Plot 53915, Block 5, Gaborone, Botswana.

13.8 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thuto Platforms with respect to your use of the Platform, and supersede all prior agreements, representations, negotiations, and understandings between the parties relating to the same subject matter.

In the event of any conflict between these Terms and our Privacy Policy, the Privacy Policy shall prevail to the extent of the conflict on matters of data protection and privacy. On all other matters, these Terms shall prevail.

13.9 Interpretation

The section headings in these Terms are for ease of reference only and shall not affect their interpretation. References to “including” or “for example” are illustrative only and shall not be construed as limiting the generality of any preceding statement.

Thuto Platforms Proprietary Limited · BW00005131675 · Plot 53915, Block 5, Gaborone, Botswana · DPO@thutoplatforms.co.bw

© 2026 Thuto Platforms Proprietary Limited. All rights reserved.