Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between Ann-Connect (“we”, “our”, or “us”) and any individual, institution, organization, or entity (“you”, “user”, or “your”) that accesses, registers for, or uses the Workspace platform and its associated services. By accessing or using Workspace in any manner, including through institutional access, direct registration, or integration with third-party systems, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional policies referenced herein, including but not limited to our Privacy Policy, Acceptable Use standards, and institutional agreements.

If you do not agree to these Terms, you must not access or use the platform. Your continued use of Workspace constitutes ongoing acceptance of these Terms, and any updates made to them from time to time.

Workspace is an enterprise-grade digital platform designed to support learning, assessments, invigilation, and collaboration across both online and offline environments, and includes multiple integrated components such as assessment delivery tools, remote and in-person invigilation systems, monitoring technologies, and virtual communication environments.

The platform is provided as a service to educational institutions, organizations, and, in certain cases, individual users, and is intended to support academic integrity, administrative efficiency, and secure learning experiences. The services may evolve over time, and Ann-Connect reserves the right to introduce, modify, enhance, or discontinue any aspect of the platform, including features, functionalities, or integrations, without prior notice where reasonably necessary for operational, legal, or technological reasons.

Where Workspace is accessed through an educational institution or organization, such institution acts as the primary authority governing the use of the platform, including determining user access, configuring system settings, defining assessment conditions, and enforcing academic policies. Your use of the platform is therefore subject not only to these Terms but also to the rules, policies, and procedures of your institution, including academic integrity codes and disciplinary frameworks. Ann-Connect operates as a technology provider and does not control or take responsibility for institutional decisions relating to grading, academic outcomes, disciplinary measures, or the interpretation of assessment results. Any disputes regarding such matters must be directed to the relevant institution.

You agree to use Workspace strictly for its intended educational, professional, and administrative purposes and in full compliance with all applicable laws, institutional rules, and platform requirements. You acknowledge that the integrity, security, and reliability of the platform depend on responsible user conduct, and you therefore undertake not to engage in any activity that could compromise the platform, other users, or institutional operations.

Without limiting the generality of the above, you agree that you will not:

• Attempt to bypass, disable, interfere with, or otherwise undermine any security, monitoring, or invigilation mechanisms implemented within the platform
• Engage in any form of academic misconduct, including cheating, unauthorized collaboration, impersonation, or submission of non-original work
• Access, attempt to access, or disclose data that you are not authorized to access
• Introduce malicious software, scripts, or any harmful code into the platform
• Use automated tools, bots, or scripts to manipulate platform functionality or gain unfair advantage
• Disrupt, overload, or interfere with the normal operation of the platform or its infrastructure

Ann-Connect reserves the right to investigate suspected violations and to take appropriate action, including restricting or terminating access, reporting incidents to institutions, and cooperating with law enforcement authorities where required.

Workspace incorporates advanced and continuously evolving monitoring and invigilation technologies designed to ensure secure, fair, and verifiable assessment environments across both online and offline contexts. By accessing or using Workspace for any assessment-related activity, you explicitly acknowledge, understand, and consent to the use of such technologies as a condition of participation.

These monitoring capabilities may include, but are not limited to:

• Continuous or periodic audio recording during assessment sessions
• Video capture through device cameras for identity verification and behavioural monitoring
• Screen recording, screen snapshots, and application tracking
• Keystroke dynamics, mouse movements, and interaction pattern analysis
• Session logging, timestamps, and behavioural analytics
• Device identification and environment validation
• Location verification where enabled by the institution
• Offline data capture during connectivity interruptions, with secure synchronization upon reconnection

You acknowledge that monitoring may continue even in offline scenarios and that data collected locally on your device will be securely stored and transmitted once connectivity is restored. These capabilities are a core feature of Workspace and are specifically designed to address challenges related to connectivity limitations while maintaining academic integrity.

Ann-Connect provides these technologies as tools to support institutions and does not independently determine whether misconduct has occurred. Any alerts, flags, or anomalies generated by the system are indicative only and are subject to human review and institutional decision-making processes. You further acknowledge that failure to comply with monitoring requirements may result in the invalidation of your assessment or disciplinary action by your institution.

The platform may incorporate artificial intelligence and automated analysis tools to enhance monitoring, detect anomalies, and support system functionality, including identifying patterns of behaviour that may indicate irregular or suspicious activity. These tools are designed to assist and augment human decision-making processes and are not intended to replace institutional judgment. Ann-Connect does not make final determinations regarding academic misconduct or disciplinary outcomes, and all such decisions remain the sole responsibility of the institution. You acknowledge that automated systems may generate alerts or flags based on predefined criteria and that such outputs are indicative in nature and subject to verification.

Workspace may include paid features, subscription services, or transactional functionalities that require users or institutions to provide payment information and complete financial transactions. By engaging in any paid service, you agree to provide accurate, complete, and current billing details and authorize Ann-Connect and its designated third-party payment processors to process payments on your behalf.

Payments may be processed through independent third-party payment service providers, and such providers operate under their own terms, conditions, and security standards. While Ann-Connect takes reasonable steps to ensure that payment integrations are secure and reliable, we do not control and are not responsible for the operation, availability, or security of third-party payment systems.

In connection with payments, you acknowledge and agree that:

• Transaction data, billing records, and payment confirmations may be stored for financial, audit, and compliance purposes
• Access to certain services may be suspended or restricted in cases of failed payments, chargebacks, or suspected fraudulent activity
• Cancellations and refunds are governed by our Refund and Cancellation Policy (available at ann-connect.com/trust/refund-cancellation-policy), together with any institutional agreement and applicable financial regulations
• Ann-Connect reserves the right to implement fraud detection and risk management measures to protect the platform and its users

All financial transactions are conducted in accordance with applicable laws and industry standards, and users are responsible for ensuring compliance with any applicable financial obligations.

All rights, title, and interest in and to the Workspace platform, including its software, architecture, design, interfaces, content, and underlying technology, are owned by Ann-Connect or its licensors and are protected by applicable intellectual property laws. Users are granted a limited, non-exclusive, non-transferable right to access and use the platform solely for its intended purposes. You may not copy, modify, distribute, reverse engineer, or otherwise exploit any part of the platform without prior written authorization. Content submitted by users, including assessments and academic materials, remains the property of the user or institution, but by submitting such content, you grant Ann-Connect a limited right to process, store, and transmit that content as necessary to provide the services.

Workspace is provided as a complex, distributed digital service that depends on multiple infrastructure components, including network connectivity, user devices, third-party integrations, and cloud environments. While Ann-Connect makes reasonable efforts to ensure reliability, performance, and availability, the platform is provided on an “as is” and “as available” basis, without any guarantee of uninterrupted or error-free operation.

You acknowledge and agree that:

• The platform may experience downtime, latency, or disruptions due to maintenance, updates, technical failures, or external factors beyond our control
• Offline functionality is designed to mitigate connectivity issues but is dependent on proper device usage, system compatibility, and eventual synchronization
• Data synchronization delays, partial uploads, or temporary inconsistencies may occur in low-connectivity environments
• Ann-Connect is not responsible for failures resulting from user devices, network conditions, or third-party services

To the fullest extent permitted by law, Ann-Connect shall not be liable for any loss, damage, or disruption arising from service interruptions, technical limitations, or system dependencies.

Ann-Connect reserves the right, either independently or in coordination with an institution, to suspend, restrict, or terminate access to the platform where there is a breach of these Terms, suspected misuse, security concerns, non-payment, or other legitimate grounds. Such actions may be taken without prior notice where necessary to protect the platform, its users, or institutional integrity. Upon termination, access to the platform will be revoked, and any continued use will be prohibited. Certain data may be retained in accordance with legal obligations and institutional requirements.

To the fullest extent permitted by applicable law, Ann-Connect, its affiliates, partners, employees, and service providers shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use of, or inability to use, Workspace, regardless of the legal theory under which such liability is asserted.

This limitation includes, but is not limited to:

• Loss of data, assessment submissions, or academic records
• Academic consequences, including failed assessments or disciplinary outcomes
• Reputational harm or institutional decisions arising from platform usage
• Business interruption, financial loss, or loss of opportunity
• Errors, inaccuracies, or delays in monitoring, AI-generated flags, or system outputs

You expressly acknowledge that Workspace is a tool provided to institutions and that all academic decisions, interpretations of monitoring data, and disciplinary actions are made solely by the institution. Ann-Connect does not guarantee the accuracy, completeness, or reliability of monitoring outputs and shall not be held responsible for decisions made based on such outputs. Your use of the platform is at your own risk, and your sole remedy in the event of dissatisfaction with the platform is to discontinue use.

You agree to indemnify, defend, and hold harmless Ann-Connect, its affiliates, officers, employees, contractors, and partners from and against any and all claims, demands, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to your use of the platform, your violation of these Terms, your breach of applicable laws or institutional policies, or your infringement of any rights of third parties.

This obligation includes, without limitation:

• Claims arising from academic misconduct or misuse of the platform
• Unauthorized access to data or systems
• Violations of privacy or data protection laws
• Disputes between users and institutions

This indemnification obligation shall survive the termination or suspension of your access to the platform.

Ann-Connect reserves the right to modify, enhance, suspend, or discontinue any aspect of Workspace at any time, including features, functionalities, integrations, or service offerings, in order to improve performance, ensure compliance, address security concerns, or respond to evolving technological and operational requirements.

Such modifications may include:

• Updates to monitoring technologies and AI systems
• Changes to assessment delivery mechanisms
• Introduction of new features or removal of existing functionalities
• Adjustments to system requirements or compatibility standards

Where material changes significantly impact user experience or obligations, reasonable efforts will be made to provide notice; however, certain changes may be implemented without prior notice where necessary for security or compliance reasons.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes arising from or relating to these Terms shall be subject to the jurisdiction of the courts of South Africa, unless otherwise required by applicable international legal frameworks.

If you have any questions, concerns, or requests regarding these Terms, the use of the platform, or any related services, you may contact Ann-Connect through the official communication channels provided within the platform or as outlined in the Privacy Policy.

Where Workspace is accessed through an institution, users are encouraged to first contact their institution for matters relating to access, assessments, academic decisions, or technical support, as institutions maintain primary administrative control over the platform environment. Ann-Connect will provide support in accordance with its role as a technology provider and will respond to inquiries within reasonable timeframes, subject to operational and legal considerations.