Terms of Use
Overview
Custom Apps SA (Pty) Ltd (“we,” “us,” “our”) provides a range of software solutions and services to its clients (“Company”). These Terms of Use (“Terms”) govern your access to and use of our software products (“Software”) and services (“Services”). By logging in and accessing or using our Software and Services, you confirm that you have read, understood, and agree to comply with these Terms. If you do not agree with any of these terms, you must not log in, access, or use our Software or Services.
Software and Services
During the term of this Agreement, Custom Apps SA (Pty) Ltd grants to the Company a non-exclusive, non-transferable, revocable, and limited license to use the Software for the Company’s internal purposes, subject to the terms outlined in this Agreement. Our Services include, but are not limited to:
Software as a Service (SaaS): Cloud-based software solutions hosted, maintained, and updated by us.
White-Label Solutions: Customizable software solutions that can be branded and tailored to meet the specific needs of our clients.
Custom Software Development: Development of bespoke software solutions based on client specifications, with Custom Apps SA (Pty) Ltd retaining full ownership of the intellectual property.
Website Development and Management: Comprehensive website development services, including design, coding, and ongoing management.
Email and Hosting Services: Secure email hosting services, domain management, and website hosting.
Support and Maintenance: Ongoing support and maintenance services to ensure optimal performance and scalability.
License Conditions
Each license granted under this Agreement is subject to the following conditions:
Permitted Use: The Software and Services may only be used as specified in the applicable order form (“Order”) and must comply with the stated metrics, including the number of users, locations, and copies.
Restrictions: The Company may not sell, license, assign, pledge, or otherwise transfer the Software or Services to any third party, or permit or allow any third party to use the Software or Services, except as expressly permitted by this Agreement.
Prohibited Actions: The Company is strictly prohibited from taking screenshots, screen recordings, or any other visual captures of the Software without the prior written consent of Custom Apps SA (Pty) Ltd. Any unauthorized capturing or distribution of such images will be considered a breach of this Agreement.
Monitoring: The Company must monitor its own use of the Software and report any use in excess of the agreed metrics. Custom Apps SA (Pty) Ltd may monitor usage to ensure compliance with this Agreement.
Data and Content
The Company retains all rights to any data, content, and information it provides. Custom Apps SA (Pty) Ltd retains all rights to any data, content, and information it provides, including all rights to any updates or derivative works. We may collect and process data on how the Company and its users interact with our Software and Services, in accordance with our Privacy Policy.
Financial Terms
All fees for Software and Services are due as outlined in each Order. Payment must be made in full prior to delivery unless otherwise stated. Fees are non-refundable. Custom Apps SA (Pty) Ltd reserves the right to increase fees for subscriptions or services with 30 days’ notice. Late payments may result in service suspension and incur interest charges.
Intellectual Property
All intellectual property rights in the Software and Services, including any modifications, are owned solely by Custom Apps SA (Pty) Ltd. The Company is granted only the limited rights expressly stated in this Agreement. The Company may not modify, decompile, or disassemble the Software without our prior written consent.
Confidentiality
Both parties agree to protect each other’s confidential information with the same degree of care as they use to protect their own confidential information, but not less than a reasonable degree of care. Confidential information includes any non-public information disclosed by one party to the other. This obligation does not apply to information that is publicly known, lawfully received from a third party, or independently developed without reference to the other party’s confidential information.
Term and Termination
This Agreement begins on the effective date specified in the Order and will continue until terminated as provided herein. Either party may terminate this Agreement for material breach if the breach is not cured within 30 days of receiving notice. Upon termination, the Company must return or destroy all copies of the Software.
Representations and Warranties
Both parties represent and warrant that they have the authority to enter into this Agreement and that it is enforceable. The Company warrants that its use of the Software and Services will comply with all applicable laws and regulations.
Disclaimers and Limitation of Liability
Custom Apps SA (Pty) Ltd provides the Software and Services “as is” without any warranties of any kind, whether express, implied, or statutory. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our total liability for any claims related to this Agreement shall not exceed the amount paid by the Company, up to a maximum of R 2,000.00, in the month preceding the claim.
Indemnification
The Company agrees to indemnify and hold harmless Custom Apps SA (Pty) Ltd against any claims, damages, or losses arising from the Company’s use of the Software or Services, including any third-party claims of intellectual property infringement.
Dispute Resolution and Governing Law
This Agreement shall be governed by and construed in accordance with the laws of South Africa, with jurisdiction in KZN, Durban. Any disputes shall be resolved through binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration will be conducted in English, and the arbitrator’s decision shall be final and binding.
General Provisions
- Entire Agreement: This Agreement, including all Orders, represents the complete understanding between the parties and supersedes all prior agreements.
- Amendments: Custom Apps SA (Pty) Ltd reserves the right to modify or update these Terms of Use at any time. Any changes will be effective immediately upon posting the revised Terms of Use to the system. You will be notified of any significant changes, and by continuing to access or use the Software and Services after such changes are posted, you agree to be bound by the updated Terms of Use. If you do not agree to the updated Terms of Use, you must discontinue using the Software and Services.
- Force Majeure: Neither party shall be liable for any delay or failure in performance due to circumstances beyond their reasonable control.