Terms and conditions

Part A. Who we are

ExamGen is run by Niel Steyn, a sole proprietor trading as somethingAI. In these terms, "we" and "us" mean Niel Steyn, trading as somethingAI.

• Physical address: 68 Leander Road, Olympus, Pretoria, 0081
• Address for legal documents: 68 Leander Road, Olympus, Pretoria, 0081
• Telephone: 083 256 1662
• Email: niel@somethingai.co.za
• Website: www.examgen.co.za
• Information Officer: Niel Steyn

We don't belong to any self-regulatory or accreditation body, and we don't subscribe to a code of conduct or to an alternative dispute resolution code.

What you get

ExamGen makes printable practice tests with a memorandum (the answers and how the marks are given). You choose the grade, subject, language and the topics or school terms to cover. What each plan includes, and the number of practice tests you can make each day, is shown below and on the plans page.

Prices

Paid plans aren't on sale yet. The price of each plan will be shown here and on the checkout page before you pay.

We are not registered for VAT, so no VAT is charged on our prices. There are no other fees. Your bank may charge its own fees.

How you pay

Through Paystack's secure payment page, by card or another method Paystack offers, monthly in advance. Your plan starts as soon as Paystack confirms the payment. A practice test is usually ready within a few minutes.

Your records

Paystack emails you a receipt for each payment. Your Account page shows your plan and the date it runs to. If you need a list of your payments, email us. You can save or print this page at any time.

Minimum period

None. Plans run month to month until you cancel.

Payment security and privacy

Paystack handles your card details on its own secure page. We never see or keep your card number. How we handle your personal information is explained in our Privacy notice.

Your rights to cancel, and when we refund, are in Part B.

Part B. Cancelling and refunds

Cancelling your plan

You can cancel at any time on your Account page. Cancelling stops the renewal: you won't be charged again, and you keep your plan until the date shown on your Account page. After that your account stays open on the free trial, with any free practice tests you have left. We email you to confirm the cancellation. If you can't cancel online, email niel@somethingai.co.za and we'll do it for you.

Your plan starts straight away: the 7-day cooling-off right

The Electronic Communications and Transactions Act gives you 7 days to cancel an online purchase and get a full refund, except for a service that starts, with your consent, before those 7 days are over. At checkout you ask us to start your plan straight away, and you confirm that you understand that the 7-day cooling-off right therefore doesn't apply. So we don't refund a payment because you changed your mind. Your plan starts as soon as Paystack confirms your payment. If you paid without giving that confirmation, the 7-day right applies in full: cancel within 7 days and we refund that payment in full.

Refunds

We don't refund days you have paid for but not used. That includes these cases:

• If you cancel: you keep using your plan until the date it runs to.
• If you delete your account: everything is deleted at once, and your plan ends that day. If you only want to stop paying, cancel the renewal instead and delete your account later.
• If we close your account because you broke these terms (section 12).

We do refund in these cases:

• A charge that should never have happened. If we charged you twice, charged you after you cancelled, or charged the wrong amount, we refund that charge in full.
• If we can't give you what you paid for. If we stop ExamGen, close your account when you have done nothing wrong, or take away something important you are paying for (section 10), we refund the days you paid for but couldn't use.
• If a practice test had a mistake, see section 9.

Email niel@somethingai.co.za to ask for a refund. We pay it back to the card or account you paid with, within 30 days of your request, and usually much sooner. We will never ask for your card or bank details by email.

If a payment fails

If Paystack can't take a monthly payment, your plan stops straight away and your account goes back to the free trial. We email you when this happens. If Paystack later takes the payment, your plan starts again.

Nothing in this part takes away any right you have under the Consumer Protection Act or the Electronic Communications and Transactions Act.

Part C. Terms of service

1. About these terms

These terms are the agreement between you and Niel Steyn, who runs ExamGen as a sole proprietor trading as somethingAI. They apply when you create an account, and again when you choose a paid plan. Please read them, and save or print a copy. If anything here is unclear, email niel@somethingai.co.za and we'll explain.

2. Who can use ExamGen

Accounts are for parents and guardians aged 18 or older. When you sign up, you confirm that you are a parent or guardian. Your children may use ExamGen with your permission and under your supervision, including entering marks with a practice code. You are responsible for how your account is used.

3. What ExamGen is, and what it isn't

ExamGen makes practice tests for everyday practice at home. We base them on the Curriculum and Assessment Policy Statement (CAPS) for Grades 4 to 9.

• Practice tests are not official papers. They are not set, checked or approved by the Department of Basic Education, by your child's school or by any official assessment body.
• They don't predict what your child's school will ask, and we can't promise better marks.
• Schools teach topics in different orders and at different speeds. Check that the topics you choose match what your child has been taught.
• AI is used to make our practice tests. Many questions and texts were drafted by AI and checked before we added them to our question banks, and some questions and pictures are made by AI while your practice test is being made. Mathematics and grammar questions are built by our own software from fixed templates, which were also drafted by AI and checked. Every practice test goes through automatic checks, but mistakes can still happen. The first page of each practice test says which of these it contains. See section 9.
• The subjects, grades, languages and topics available are shown on the site when you make a practice test. Some may not be available in both languages.

4. Your account

Keep your password to yourself. One account is for one household, for the children who live with you. Don't share your login with other families. If you think someone else has used your account, change your password and tell us.

5. Free trial and paid plans

• The free trial gives you 2 practice tests, once, marked TRIAL across the page. No card is needed.
• A paid plan lets you make a set number of practice tests each day, as shown in Part A. The day runs from midnight to midnight, South African time. Practice tests you don't make on a day don't carry over to the next day.

6. Payment and renewal

Paid plans are paid monthly in advance through Paystack. By choosing a plan, you allow Paystack to charge the price shown at checkout every month until you cancel. At checkout you also ask us to start your plan straight away (see Part B). Cancelling, refunds and failed payments are explained in Part B.

7. Using the practice tests

• Practice tests and memorandums are for your own family's use at home. You may print as many copies as your children need.
• You may not sell them, share them with other families, post them online, or use them in a school, class, tutoring business or any other paid service.
• The questions, pictures, layout and software of ExamGen belong to us or to the people who license them to us. These terms don't give you ownership of them.
• We delete each practice test within about two days of being made, or sooner: as soon as your next practice test for the same child, in the same subject and grade, is ready. A practice test for one child never deletes another child's. This applies even if the next practice test is in the other language. If you remove a child's card, we delete that child's practice tests straight away. Download or print the ones you want to keep. We can't recover a practice test once it is deleted.

8. Fair use

Please don't:

• use automated tools to make practice tests or copy content from the site;
• try to get around the daily limit, the free-trial limit, or our security;
• type anyone's personal details into the "struggle box" (our Privacy notice explains why);
• use ExamGen to break the law or to harm anyone.

If you do, we may suspend or close your account (section 12).

9. If a practice test has a mistake

We work hard to get every question and memorandum right, but mistakes can happen. If you find one, tell us at niel@somethingai.co.za and say which practice test and question it was. We'll check it and correct it for future practice tests. If a mistake meant the practice test was not usable, we'll make it right, usually by letting you make another one. This doesn't take away any right you have under the Consumer Protection Act.

10. Keeping ExamGen running, and changes to it

We aim to keep ExamGen available at all times, but we can't promise it will never be down, for example during maintenance or when a service we depend on fails. We may improve and change ExamGen, including the subjects, topics and features. If we make a change that takes away something important you are paying for, you may cancel, and we'll refund the days you have paid for but not used.

11. Our responsibility to you

Please read this section carefully: it limits what we are responsible for.

• We are not responsible for loss that comes from relying on a practice test as if it were an official paper, or for marks your child gets at school.
• We are not responsible for loss we could not reasonably have foreseen, or for loss caused by events outside our reasonable control.
• If we are responsible for a loss, the most we will pay is what you paid us in the three months before the claim.
• None of this limits our responsibility where the law doesn't allow a limit, for example for gross negligence, and nothing in these terms takes away your rights under the Consumer Protection Act or the Electronic Communications and Transactions Act.

12. If we suspend or close your account

We may suspend or close your account if you break these terms in a serious way, or keep breaking them after we've told you. Where it is reasonable, we'll warn you first and give you a chance to put it right. If we close your account because you broke these terms, we don't refund the rest of your period. If we close it for any other reason, we refund the days you paid for but did not use.

You can close your account at any time by emailing niel@somethingai.co.za. You can also delete it yourself on the Account page. What happens to your plan when you do is in Part B.

13. Privacy

Our Privacy notice explains what personal information we keep, why, where it goes and for how long. It is part of these terms.

14. Changes to these terms and to prices

If we change these terms, we update the date at the top. Before a price change, or a significant change to these terms, we email you at least 30 days in advance. The new price applies from your first renewal after that notice period. If you don't agree with a change, you can cancel before it applies.

15. Questions and complaints

Email niel@somethingai.co.za. We reply within 5 working days. If we can't sort out a complaint together, you may contact the Consumer Goods and Services Ombud or the National Consumer Commission, or approach a court.

16. Law, language and general

• South African law applies to these terms.
• These terms are available in English and Afrikaans. If the two ever differ, the meaning that is better for you applies.
• If a court finds part of these terms invalid, the rest still applies.
• We send you account messages by email, and an agreement made online is as valid as one on paper.