Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern access to and use of Vega Velocity (the "App"), an artificial-intelligence-assisted coaching platform for netball. The App helps coaches review match and training footage, build player development profiles across a season, and generate trial and selection ratings to support squad decisions.

These Terms are an agreement between Vega AI Automations ("we", "us", "the Provider") and the school, club, netball association, or other organisation that registers an account ("you", "the Licensee"). By creating an account, enabling a coach’s access, or uploading footage, the Licensee agrees to be bound by these Terms.

Netball squads are made up overwhelmingly of players under 18. POPIA defines a "child" as any person under 18 — not under 13, as in some foreign laws — so the consent and processing rules in this Agreement apply to substantially the Licensee’s entire playing membership, not only its youngest age groups. Where the App is used with Players located outside South Africa, additional laws (for example COPPA in the United States, or the GDPR in the UK/EU) may apply on top of POPIA; this Agreement does not extend to those regimes, and the Licensee should seek separate advice before using the App outside South Africa.

2. Definitions

App

the Vega Velocity software, whether accessed via a desktop application, web browser, or mobile device, including all AI-assisted analysis features described in Section 3.

Provider

Vega AI Automations, the developer and operator of the App.

Licensee

the school, club, netball association, or other organisation that holds an account and is, for POPIA purposes, the "responsible party" for Player personal information processed through the App.

Authorised User

a coach, team manager, or administrator to whom the Licensee has granted a login.

Player

a netball player whose footage, performance data, or profile is processed via the App — a "data subject" under POPIA.

Competent Person

as defined in POPIA — a person legally competent to consent to any action or decision on behalf of a Player who is a child, most commonly a parent or legal guardian.

Personal Information / Special Personal Information

as defined in sections 1 and 26 of POPIA respectively. Special personal information includes health information (for example, injury or medical notes about a Player).

Match Footage

video of matches, trials, or training sessions uploaded to or streamed through the App for AI analysis.

Player Development Profile

the aggregated historical record of a Player’s metrics, tactical notes, and AI-generated commentary built up across sessions.

Trial/Selection Rating

an AI-generated numeric or descriptive rating of a Player’s on-court performance, intended to support — not replace — a coach’s selection or squad decisions.

Sub-Processor

a third party engaged by the Provider to process Player personal information on the Provider’s behalf, such as Google Cloud (Section 10).

Information Regulator

the Information Regulator of South Africa, established under POPIA.

3. Description of the Service

The App uses a multimodal AI model to support the following coaching workflows:

• Film study: reviewing match and training footage to surface tactical patterns — for example movement in the shooting circle, centre-pass execution, or defensive marking across the transverse lines.
• Player development profiles: tracking a Player’s metrics and coach notes over a season or across seasons, organised by position (GS, GA, WA, C, WD, GD, GK) and role.
• Trial and selection ratings: AI-assisted scoring of on-court performance during trials or matches, intended to inform — never to automatically determine — a human coach’s squad decisions (see Section 12).

All AI outputs are decision-support material for a qualified human coach. They are not a substitute for a coach’s own judgement, and are not medical, safeguarding, or child-welfare advice.

4. Who May Hold an Account

The App is licensed on a business-to-business basis: only schools, clubs, netball associations, or similar organisations may register an account. Individual players and parents do not register directly and do not enter into a separate agreement with the Provider.

The Licensee is responsible for designating Authorised Users. Only vetted, currently employed or contracted coaching and administrative staff may be granted a login, and access should be limited to the teams or age groups a given Authorised User actually coaches or manages.

5. Data Protection Roles and Responsibility Allocation (POPIA Section 21 Operator Agreement)

This Agreement, together with its Annexures, constitutes the written agreement between operator and responsible party required by POPIA section 21(2). For processing of Player personal information, the Licensee is the "responsible party" and the Provider acts as an "operator" as those terms are defined in POPIA. The parties divide operational duties as follows:

This allocation reflects how the parties divide day-to-day duties. It does not, by itself, relieve either party of obligations POPIA imposes directly. In particular, the Provider remains directly bound by the operator security-safeguard duties in POPIA section 21, and the Licensee remains the responsible party accountable to Players, competent persons, and the Information Regulator for the lawfulness of processing overall.

6. Lawful Basis for Processing

POPIA section 11 requires a lawful basis for any processing of personal information — most relevantly here, the consent of the data subject or, where the data subject is a child, of a competent person.

POPIA sections 34 and 35 additionally prohibit processing a child’s personal information at all unless a specific exception applies — most commonly, prior consent from a competent person. Because POPIA defines "child" as anyone under 18, this prohibition covers essentially the Licensee’s entire playing membership, not only its youngest age groups. The Licensee must have valid, documented competent-person consent in place before a Player’s footage, profile, or ratings are processed through the App.

Where a Player has turned 18 (for example, in a school’s open/senior team, or an adult club side), she may consent for herself as an ordinary adult data subject under section 11, and the children’s-data rules in this section no longer apply to her specifically — the Licensee should keep track of this distinction per Player.

7. Purpose Specification and Further Processing Limitation

Personal information collected or generated through the App may be used only for the coaching-development, tactical-analysis, and trial/selection purposes described to competent persons at enrolment. It may not be used for any other purpose — including marketing, insurance or admissions decisions, media/publicity use, or transfer to a third party outside the coaching relationship — without fresh, specific consent.

8. De-Identification and Data Minimisation

Wherever the coaching workflow allows, the App is configured to have the AI model return outputs using positional or abstract designators — for example "GA, squad #4" — rather than a Player’s name, keeping the mapping between designator and identity inside the Licensee’s own roster system rather than inside AI-generated reports.

Because a netball squad or trial group is often only 10–20 players, a designator combined with position, physical description, or match context may still make a specific Player identifiable. The parties will therefore continue to treat abstracted outputs of this kind as the Player’s personal information under POPIA, and protect them accordingly, unless it is demonstrated that a specific output cannot reasonably be linked back to an identifiable individual.

9. AI Processing Infrastructure (Gemini Multimodal API via Google Cloud Vertex AI)

The App sends match and training footage to Google’s Gemini multimodal model through the Google Cloud Vertex AI enterprise offering, rather than the free/consumer Google AI Studio tier, so that footage and prompts are handled under Google’s enterprise data-processing terms — under which Google states it will not use customer data to train its foundation models.

This protection depends on Google’s then-current enterprise data-processing terms and on the App being correctly configured to use them. The Provider does not control, and cannot unilaterally guarantee, Google’s internal practices, but will maintain — and share with the Licensee on reasonable request — its then-current data-processing terms with Google.

Raw video files remain on the Licensee’s own device or storage wherever technically possible. Where footage must be transmitted for analysis, it is sent as an encrypted stream and is not stored on the Provider’s own servers once the AI’s textual output has been returned, other than briefly where needed for retry or error handling.

10. Sub-Processors

The Provider currently engages Google Cloud (Vertex AI) as a Sub-Processor for AI-assisted analysis of Match Footage, as described in Section 9. The Provider will maintain a current list of Sub-Processors and will give the Licensee reasonable prior notice before appointing a new Sub-Processor that will process Player personal information, during which the Licensee may object on reasonable data-protection grounds. The Provider will impose data-protection obligations on each Sub-Processor that are no less protective than those set out in this Agreement.

11. Cross-Border Transfer of Personal Information (POPIA s 72)

Because Vertex AI infrastructure may process data on servers located outside South Africa, using the App involves transferring Player personal information outside the Republic. POPIA section 72 permits this only where one of the following applies: the recipient is subject to a law, binding corporate rules, or binding agreement that provides an adequate level of protection; the data subject (via a competent person) has consented to the transfer; or the transfer is necessary for the performance of a contract.

The Provider relies on Google’s standard enterprise data-protection terms as the primary section 72 basis, and will provide the Licensee with a copy of the relevant terms on request. As a fallback, the Licensee’s consent notice to competent persons (Annexure A) expressly covers this cross-border processing.

12. Automated Decision-Making and Trial/Selection Ratings (POPIA s 71)

Trial/Selection Ratings profile a Player’s on-court performance and can substantially affect her — for example, selection to, or omission from, a representative or trial squad. This is squarely the kind of automated profiling POPIA section 71 addresses, so the following commitments apply:

• No Authorised User may treat an AI-generated Trial/Selection Rating as the sole basis for a decision to select, deselect, bench, or otherwise materially affect a Player. A qualified human coach must review the underlying footage and metrics and exercise independent judgement before any such decision is finalised.
• On request from a competent person, the Licensee must be able to explain, in plain language, the general logic behind how a Trial/Selection Rating was generated, and must give the competent person a reasonable opportunity to make representations before a materially adverse selection decision is finalised.
• The App supports this by attaching the underlying metrics and footage timestamps to every generated rating, and by never auto-actioning a rating (for example, no automatic drop or automatic selection feature).

The parties intend the human-review requirement in this Section to be the "appropriate measure to protect the data subject’s legitimate interests" contemplated by POPIA section 71(2), so that Trial/Selection Ratings fall within that exception to the general prohibition on solely automated decisions.

13. Special Personal Information (Health and Injury Data)

If a coach records information about a Player’s injuries, medical conditions, or fitness-for-play in the App, this is "special personal information" under POPIA section 26 — a stricter category than ordinary children’s data — and may only be processed where a section 27 ground applies, such as separate, explicit consent for that specific purpose.

The Provider recommends the Licensee route medical and injury records through its existing school or club health-management process rather than the App, and that free-text fields in the App not be used to record diagnoses, medication, or other clinical detail.

14. Data Subject Rights

A competent person (or a Player who has turned 18) may request access to, correction of, or deletion of that Player’s personal information held via the App, and may object to processing at any time, free of charge, through any reasonably accessible channel — including email, WhatsApp, SMS, or post — consistent with the Information Regulator’s current regulations.

The Provider will give the Licensee the tools to action these requests directly — single-Player export, single-Player deletion, and full-history deletion — and will provide reasonable assistance so the Licensee can respond within POPIA’s timeframes.

15. Data Retention and Deletion

Personal information is retained only for as long as there is an ongoing coaching or selection purpose. Unless the Licensee configures a different period appropriate to its own retention policy, the default is 12 months following the end of the season or academic year in which the data was created, after which the App will prompt the Licensee to confirm continued retention or trigger deletion.

The Licensee’s dashboard includes a master deletion command allowing an administrator to remove a single Player’s record, or a whole team’s historical record, with one action — triggering deletion from the live database and, within the Provider’s standard backup-rotation window, from backups.

16. Security Safeguards

• Multi-factor authentication for all Authorised User accounts.
• Role-based access, so a coach sees only the teams or age groups she is assigned to.
• Encryption of personal information in transit and at rest.
• Forced session termination on logout and after a period of inactivity, across devices.
• Breach notification: the Provider will notify the Licensee’s designated Information Officer without undue delay on becoming aware of any actual or reasonably suspected unauthorised access to, or loss of, Player personal information, per POPIA section 22, so the Licensee can meet its own notification duties to competent persons and, where required, the Information Regulator.

17. No Third-Party Advertising or Behavioural Tracking

The App will not integrate consumer ad networks or behavioural-analytics SDKs. Any product analytics used will be privacy-focused, will not build cross-app profiles of Players, and will not collect persistent device identifiers for marketing purposes.

18. Licensee Warranties and Indemnity

The Licensee warrants that, before any Player’s Match Footage, performance data, or Trial/Selection Rating is processed through the App, it holds valid, current, and appropriately documented consent from a competent person (or from the Player herself, where she has turned 18) covering the processing, AI analysis, and cross-border transfer described in this Agreement, and that it will produce evidence of that consent to the Provider or the Information Regulator on reasonable request.

The Licensee indemnifies and holds the Provider harmless against any claim, penalty, fine, or loss arising from a breach of the warranty in this Section, or from the Licensee’s own failure to comply with its obligations as responsible party under POPIA. This indemnity does not extend to losses caused by the Provider’s own breach of its security-safeguard or confidentiality obligations under this Agreement.

19. Licensee Obligations

• Keep enrolment and consent documentation current, and promptly update the App when a Player joins, leaves, or a competent person revokes or narrows consent.
• Appoint and register its own Information Officer with the Information Regulator, and maintain any PAIA manual its size and sector require.
• Restrict App access to vetted, currently active coaching and administrative staff, on a need-to-know basis.
• Promptly inform the Provider of any event materially affecting lawful processing — for example a court order, a safeguarding concern, or a request from the Information Regulator.

20. Fees and Payment

Fees for use of the App are as set out in the Licensee’s Order Form or subscription plan agreed with the Provider. Except as otherwise stated in the Order Form, fees are payable in advance and are non-refundable. The Provider may suspend access to the App if fees remain unpaid more than 14 days after a written payment reminder, without affecting the Licensee’s obligations under Sections 14 and 15 regarding Player data already held.

21. Intellectual Property

The Provider owns the App and its underlying software, models, and integrations. The Licensee retains ownership of its own roster data and raw footage. The Licensee is granted a licence to use AI-generated reports and ratings for its own internal coaching purposes only; they may not be resold, published, or shared outside the coaching relationship without the relevant competent persons’ consent.

22. Disclaimers and Limitation of Liability

AI-generated insights, ratings, and tactical analysis are decision-support only. They are not professional coaching, medical, psychological, or safeguarding advice, and the Provider does not warrant their accuracy or completeness. The Licensee remains responsible for all coaching, selection, and duty-of-care decisions concerning its Players.

To the maximum extent permitted by law, the Provider’s total aggregate liability arising out of or in connection with this Agreement, whether in contract, delict, or otherwise, is limited to the total fees paid by the Licensee in the 12 months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, or consequential loss. This limitation does not apply to the Provider’s breach of its confidentiality or security-safeguard obligations under Sections 16 and 23, to the Licensee’s indemnity obligations under Section 18, or to either party’s gross negligence or wilful misconduct.

23. Confidentiality

Each party will keep confidential the other’s non-public business and technical information disclosed under this Agreement, and will use it only to perform its obligations here, except where disclosure is required by law, by court order, or by the Information Regulator.

24. Term, Suspension, and Termination

Either party may terminate this Agreement on 30 days’ written notice. On termination, the Provider will export and/or delete Player personal information per the Licensee’s instruction within 30 days, unless a longer retention period is required by law.

25. Force Majeure

Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including load-shedding, internet or cloud-infrastructure outages, or actions of government or regulatory bodies, provided the affected party gives prompt notice and uses reasonable efforts to resume performance.

26. Governing Law, Dispute Resolution, Information Officer, and Complaints

These Terms are governed by the laws of the Republic of South Africa. POPIA and its regulations govern the processing of Player personal information under this Agreement.

Any dispute arising out of or in connection with this Agreement will first be referred to good-faith negotiation between the parties’ representatives. If not resolved within 30 days, either party may refer the dispute to the courts of the Republic of South Africa, to whose jurisdiction the parties submit.

Provider’s designated Information Officer: [Name / Email] — this person must be registered with the Information Regulator before the Provider begins processing any Player personal information.

A competent person or Player who is not satisfied with how a complaint has been handled may lodge a complaint with the Information Regulator of South Africa (inforegulator.org.za; complaints.IR@justice.gov.za), which may investigate and, for material contraventions of POPIA, impose administrative fines of up to R10 million.

27. General Provisions

Entire Agreement

this Agreement, together with its Annexures and any Order Form, is the entire agreement between the parties on its subject matter, and supersedes all prior discussions or agreements.

Severability

if any provision of this Agreement is found unenforceable, the remaining provisions continue in force.

Assignment

neither party may assign this Agreement without the other’s prior written consent, except that the Provider may assign it to a successor of its business.

Notices

notices under this Agreement must be given in writing to the email addresses recorded in the parties’ account details, or such other address as either party notifies to the other.

Independent advice

each party confirms it has had a reasonable opportunity to obtain its own independent legal advice before entering into this Agreement.

28. Changes to These Terms

The Provider may update these Terms from time to time. Where a change materially affects how children’s personal information is processed, the Licensee must obtain fresh competent-person consent covering the change before it takes effect for the Players concerned.

29. Contact

Vega AI Automations — vegaaiautomations@gmail.com

This Agreement is signed for and on behalf of Vega AI Automations and for and on behalf of the Licensee, each by a duly authorised representative recording name, title, signature, and date.

A. Annexure A — Model Parental / Guardian Consent Notice

This model notice is a starting point for the Licensee’s own attorney to adapt into its enrolment paperwork. It is written to be given to, and signed by, the competent person (parent or legal guardian) of each Player under 18, or by a Player herself once she has turned 18.

What we are asking permission for: [School/Club name] uses Vega Velocity, an AI-assisted netball coaching platform, to help our coaches support your daughter’s development. If you consent, this may involve:

• Recording match, trial, and training footage of your daughter playing netball.
• Sending that footage to an AI model for analysis of on-court performance (movement, positioning, decision-making).
• Building a Player Development Profile that tracks her metrics and coach notes over time.
• Generating AI-assisted Trial/Selection Ratings to support (never to replace) our coaches’ own judgement in team selection.

How the AI processing works: footage and performance data are analysed using Google’s Gemini AI model, accessed through Google’s enterprise Vertex AI service. This means the information is processed on Google’s servers, which may be located outside South Africa. Google’s enterprise terms state that this data is not used to train its underlying AI models. Consenting to this notice includes consenting to this transfer of your daughter’s information outside South Africa.

Human oversight: no AI-generated rating is ever the sole basis for a selection decision. A qualified human coach always reviews the footage and metrics and makes the final call. You may ask us to explain, in plain language, the general basis for any rating given to your daughter.

How long we keep it: information is kept for as long as it is useful for coaching purposes — by default, 12 months after the end of the season or academic year in which it was created, unless [School/Club name] sets a different period or you ask us to delete it sooner.

Your rights:

• You may ask to see the information we hold about your daughter.
• You may ask us to correct information that is wrong.
• You may ask us to delete her information or withdraw consent at any time, free of charge, by contacting us using the details below or through any reasonably convenient channel (email, WhatsApp, SMS, or post). Withdrawing consent does not affect processing already lawfully carried out before withdrawal.
• You may complain to our Information Officer, or directly to the Information Regulator of South Africa (inforegulator.org.za), if you are unhappy with how a request has been handled.

Contact: [School/Club name]’s Information Officer: [Name / Email].

Consent: I am the parent or legal guardian of ______________________________ (Player’s name), or I am a Player aged 18 or over. I have read and understood this notice and consent to the processing described above, including the transfer of information outside South Africa referred to under "How the AI processing works".

Name: _______________________ Relationship to Player: _______________________ Signature: _______________________ Date: _______________________