Terms of Service

1.1 Company information

These services are operated by Produsell Retail (Pty) Ltd, a private company incorporated in the Republic of South Africa, registration number 2019/219673/07, trading as Produsell.

1.2 Introduction

Welcome to the websites, applications, software, digital platforms and services operated by Produsell Retail (Pty) Ltd (“Produsell”, “we”, “our”, or “us”).

These Terms of Service (“Terms”) govern your access to and use of all websites, mobile applications, software, application programming interfaces (APIs), digital products, e-commerce stores, online services and other offerings owned or operated by Produsell Retail (Pty) Ltd unless a separate written agreement expressly applies.

By accessing, browsing, creating an account, purchasing products, subscribing to services, or otherwise using any Produsell-operated service, you acknowledge that you have read, understood and agree to be legally bound by these Terms, together with our Privacy Policy and any additional policies or guidelines that may apply to specific products or services.

If you do not agree to these Terms, you must not access or use our services.

1.3 Scope

These Terms apply to all products and services provided by Produsell Retail (Pty) Ltd, including, but not limited to:

• Corporate websites
• E-commerce stores
• Mobile applications
• Software-as-a-Service (SaaS)
• APIs and developer services
• Artificial intelligence services
• Hospitality platforms
• Customer portals
• Subscription services
• Digital downloads
• Physical products
• Consulting and professional services
• Any future products, brands or platforms operated by Produsell Retail (Pty) Ltd.

Where a specific product or service publishes additional or separate terms, those terms will apply to that product or service to the extent of any inconsistency.

1.4 Acceptance of these Terms

By using our services, you confirm that:

• You have the legal capacity to enter into a binding agreement.
• You will comply with these Terms and all applicable laws.
• Any information you provide to us is accurate and complete.
• You will maintain the security of your account credentials where applicable.

If you are using our services on behalf of a company, organisation or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, references to “you” include both you and the organisation you represent.

1.5 Changes to these Terms

We may update these Terms from time to time to reflect changes in our services, technology, business practices or applicable laws.

When material changes are made, we will publish the updated version on the relevant website or application together with a revised “Last Updated” date. Where required by law, we may also notify users through email, in-application notices or other reasonable means.

Your continued use of our services after updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to any revised Terms, you must discontinue using the affected services.

1.6 Relationship to other policies

These Terms should be read together with:

• Our Privacy Policy
• Product-specific policies
• Refund and Returns Policies (where applicable)
• Subscription or Licensing Agreements (where applicable)
• Community Guidelines (where applicable)
• Any additional terms published for specific services

Where a conflict exists between these Terms and a product-specific agreement, the product-specific agreement will prevail for that product only.

In these Terms, unless the context indicates otherwise:

• “Account” means a registered user account created to access a Service.
• “API” means any application programming interface made available by Produsell.
• “AI Services” means any feature or service that generates, summarises, classifies or otherwise processes information using artificial intelligence or machine learning.
• “Content” means any text, image, audio, video, data, code or other material made available through the Services.
• “Digital Products” means software, downloads, templates, licences and other non-physical goods.
• “Services” means all websites, applications, software, APIs, digital products, physical products and professional services operated or supplied by Produsell.
• “Subscription” means any recurring paid access to a Service.
• “User Content” means Content you submit, upload or transmit through the Services.
• “you” means the person or entity accessing or using the Services.

3.1 Eligibility

You must have the legal capacity to enter into a binding contract to use the Services. Where you act on behalf of an organisation, you warrant that you are authorised to bind that organisation.

Our Services are not directed at children under the age of 18 unless expressly stated for a specific product.

3.2 Accounts

Where a Service requires an Account, you agree to provide accurate and complete information and to keep it up to date.

You are responsible for safeguarding your Account credentials and for all activity that occurs under your Account. You must notify us promptly if you become aware of any unauthorised use.

We may refuse, suspend or close an Account where we reasonably believe these Terms have been breached, or where required by law.

Products, subscriptions, software and services may change over time. Features may differ between products, plans and regions, and may be added, modified, or discontinued.

We may make features available on a trial, beta or preview basis. Such features are provided for evaluation, may be incomplete or unstable, and may be withdrawn at any time.

Where we discontinue a paid Service, we will give reasonable notice and, where appropriate, a pro-rata refund of amounts paid in advance for the undelivered period.

5.1 Pricing

Prices are published on the relevant website or quoted in writing. Unless expressly stated otherwise, prices are quoted in South African Rand and exclude Value-Added Tax where it applies. Amounts displayed in other currencies are indicative and convert at the rate applying on the date of invoice.

We may change prices from time to time. Price changes do not affect orders already accepted, or the agreed fee for a fixed-scope engagement already confirmed in writing.

5.2 Orders

An order constitutes an offer to purchase. A contract is formed only once we accept the order or begin providing the Service. We may decline an order, including where a product is unavailable or a price has been published in error.

5.3 Payment

Payment is processed by authorised third-party payment providers. We do not store complete payment card details.

Where a Subscription applies, fees recur for the billing period selected until cancelled in accordance with these Terms. You authorise us, or our payment provider, to charge the payment method on record for each renewal.

If payment fails or is overdue, we may suspend access to the affected Service until the amount is settled.

6.1 Licence

Digital Products and software are licensed, not sold, unless expressly stated otherwise in writing. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the software for its intended purpose.

Where a project agreement expressly assigns ownership of bespoke work to you on final payment, that agreement prevails over this section for that work.

6.2 Restrictions

Except where permitted by law, you must not:

• Copy, resell, sublicense or redistribute the software
• Reverse engineer, decompile or attempt to derive source code
• Remove or obscure proprietary notices
• Circumvent licensing, access or security controls

6.3 Availability and updates

We may release updates, patches and new versions, and may require you to install them to continue using a Service. We do not warrant uninterrupted or error-free availability unless a service level is expressly agreed in writing.

Applications distributed through third-party app stores are also subject to the terms of the relevant store operator.

Access to APIs may be subject to authentication, quotas and rate limits. You must keep API keys and credentials confidential and are responsible for all use made of them.

You must not:

• Exceed or attempt to circumvent published rate limits
• Use an API to circumvent security, access controls or billing
• Use an API to build a product that substantially replicates a Produsell Service
• Scrape, harvest or bulk-extract data other than as expressly permitted

We may modify, deprecate, throttle or withdraw an API, and will give reasonable notice of breaking changes where practicable.

Some Services use artificial intelligence to generate or process content. AI-generated output may be inaccurate, incomplete or unsuitable for a particular purpose, and should be independently reviewed before being relied on — particularly for decisions with legal, financial, medical or safety consequences.

AI output is not professional advice. Similar or identical output may be generated for other users, and we make no warranty of originality or fitness for purpose.

You are responsible for the inputs you submit and must not submit material you are not entitled to use. You remain responsible for reviewing output before publishing or acting on it.

You retain ownership of your User Content. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit and process it strictly to the extent necessary to operate and provide the Services to you.

You warrant that:

• You own or are licensed to use the User Content
• The User Content does not infringe the rights of any third party
• The User Content does not breach any applicable law

We may remove or disable access to User Content that we reasonably believe breaches these Terms or applicable law.

You must not use the Services to:

• Break any applicable law or regulation
• Infringe intellectual property, privacy or other rights
• Distribute malware or other harmful code
• Harass, threaten, defame or abuse any person
• Gain unauthorised access to systems, accounts or data
• Interfere with or degrade the availability or security of the Services
• Send unsolicited bulk communications
• Misrepresent your identity or affiliation

We may investigate suspected breaches and take any action we consider appropriate, including suspension, termination and reporting to the relevant authorities.

All intellectual property in the Services, including software, designs, text, graphics, trade marks and know-how, remains owned by Produsell Retail (Pty) Ltd or its licensors. Nothing in these Terms transfers any intellectual property to you except as expressly stated.

The Produsell name, logo and brand assets may not be used without our prior written consent.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without obligation to you.

We rely on third parties to operate the Services, including payment processors, hosting and infrastructure providers, analytics providers and identity providers.

The Services may also link to or integrate with third-party websites and services. We do not control those services and are not responsible for their content, availability, terms or privacy practices. Your use of them is governed by their own terms.

Where we supply physical products, delivery timeframes are estimates and are not guaranteed unless expressly agreed in writing.

Risk in the products passes on delivery. Ownership passes once payment has been received in full.

You should inspect products on delivery and notify us promptly of any shortage, damage or incorrect item.

Returns and refunds are handled in accordance with the applicable product or service policy and with your rights under applicable consumer protection law, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002 where these apply.

Nothing in these Terms limits or excludes any statutory right you have as a consumer, including any applicable cooling-off right for electronic transactions.

Digital Products and services that have already been supplied, downloaded or performed may not be returnable, to the extent permitted by law.

Fees for professional services already performed are not refundable, save where the services were not performed in accordance with the agreed scope.

Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms.

We process personal information in accordance with applicable data protection law, including POPIA and, where applicable, the GDPR.

Where we process personal information on your behalf as an operator or processor, a separate data processing agreement may apply.

Except as expressly stated in these Terms or required by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied.

We do not warrant that the Services will be uninterrupted, secure or error-free, or that defects will be corrected, unless a service level has been expressly agreed in writing.

Nothing in these Terms excludes or limits any warranty, right or remedy that cannot lawfully be excluded or limited, including rights under the Consumer Protection Act 68 of 2008 where it applies to you.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, punitive or consequential damages, or for loss of profit, revenue, data, goodwill or business opportunity, however arising.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the amounts paid by you to us for the affected Service in the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for fraud, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

You agree to indemnify and hold harmless Produsell Retail (Pty) Ltd, its directors, employees and contractors against any claim, loss, liability, damage, cost or expense (including reasonable legal fees) arising from:

• Your breach of these Terms or any applicable law
• Your misuse of the Services
• Your User Content
• Any claim that your User Content or inputs infringe a third party’s rights

We may suspend or terminate your access to the Services, in whole or in part, where:

• You materially breach these Terms
• Payment is overdue
• We are required to do so by law
• Continued provision would expose us or other users to material risk

You may stop using the Services at any time. Where a Subscription applies, cancellation takes effect at the end of the current billing period unless otherwise agreed.

On termination, your right to use the affected Services ends immediately. Sections which by their nature should survive — including intellectual property, limitation of liability, indemnity and governing law — continue to apply.

We will make your data available for export for a reasonable period after termination where practicable, after which it may be deleted.

These Terms are governed by the laws of the Republic of South Africa, unless mandatory law in your country of residence requires otherwise.

If a dispute arises, the parties will first attempt in good faith to resolve it by negotiation. If it cannot be resolved within a reasonable period, the dispute will be subject to the jurisdiction of the South African courts.

Nothing in this section prevents either party from seeking urgent interim relief, or a consumer from approaching a body with statutory jurisdiction over the matter.

• Entire agreement — these Terms, together with any policies or written agreement referenced in them, constitute the entire agreement between the parties in relation to the Services.
• Severability — if any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver — a failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment — you may not assign your rights under these Terms without our written consent. We may assign our rights on notice, including as part of a business transfer.
• Force majeure — neither party is liable for failure to perform caused by events beyond its reasonable control.
• Notices — we may give notice through the Services, by email, or by publication on the relevant website.
• No partnership — nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

Questions about these Terms may be directed to us using the details below.