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Terms of Service

Last updated: June 13, 2025

TERMS OF SERVICE FOR CleverCam (Pty) Ltd

Last updated June 13, 2025

These Terms of Service (“Terms”) are a legal agreement between you (“you” or “User”) and CleverCam (Pty) Ltd (“Company,” “we,” “us,” or “our”), a company registered in South Africa at Den Haag Street, Die Heuwel, Witbank, Mpumalanga 1035. They govern your access to and use of our website (https://clevercam.co.za) and any related products or services that refer or link to these Terms (collectively, “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms (including any supplemental terms posted on the Services). If you do not agree with any part of these Terms, you must discontinue use immediately.

SUMMARY OF KEY POINTS

  • Acceptance: Use of our Services means you accept these Terms.
  • Modifications: We may update these Terms with notice via the “Last updated” date. Continued use = acceptance.
  • Eligibility: You must be at least 18 years old and legally capable of contracting.
  • Accounts: You’re responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
  • Payments: All fees are in South African Rand (ZAR). We accept Visa, Mastercard, PayFast. Purchases are non-refundable; subscriptions cancel at period end.
  • Intellectual Property: We and our licensors own all rights in the Services and Content.
  • User Contributions: You retain ownership of your submissions but grant us a license to display and distribute them.
  • Prohibited Activities: No scraping, hacking, spamming, infringing, or other unlawful activities.
  • Disclaimers & Liability: Services are provided “AS IS.” Our liability is limited as detailed below.
  • Termination: We may suspend or terminate your access for violations.
  • Governing Law & Disputes: South African law applies; disputes resolved in Mpumalanga courts.

For full details, please read the complete Terms below.

TABLE OF CONTENTS

  1. AGREEMENT TO OUR LEGAL TERMS
  2. OUR SERVICES
  3. INTELLECTUAL PROPERTY RIGHTS
  4. USER REPRESENTATIONS
  5. PURCHASES & PAYMENT
  6. CANCELLATION
  7. SOFTWARE
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. SERVICES MANAGEMENT
  11. PRIVACY POLICY
  12. TERM & TERMINATION
  13. MODIFICATIONS & INTERRUPTIONS
  14. GOVERNING LAW
  15. DISPUTE RESOLUTION
  16. CORRECTIONS
  17. DISCLAIMER
  18. LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS & SIGNATURES
  22. CONTACT US

These Terms, together with any supplemental terms posted on the Services, constitute a binding agreement between you and CleverCam (Pty) Ltd. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by all provisions. If you do not agree, you must stop using the Services immediately.

2. OUR SERVICES

The Services include our website, mobile and desktop applications, APIs, and any related features, content, and functionality offered by CleverCam (Pty) Ltd. We reserve the right to modify or discontinue any aspect of the Services at any time, without notice or liability.

3. INTELLECTUAL PROPERTY RIGHTS

Our Content & Marks
All Content (source code, designs, text, images, trademarks, logos) is owned by or licensed to us and is protected by copyright, trademark, and other laws.
License to You
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive license to access and use the Services for personal, non-commercial purposes. You may download or print portions of the Content solely for your personal use.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that:
a. All registration information you submit is accurate and up-to-date.
b. You are at least 18 years old and have the legal capacity to enter into these Terms.
c. You will comply with these Terms and all applicable laws.
d. You will not access the Services via automated means (bots, scripts) except as expressly permitted.

5. PURCHASES & PAYMENT

Accepted Payment Methods
Visa, Mastercard, PayFast. All fees are denominated in ZAR.
Billing & Authorization
You authorize us to charge your chosen payment method for all fees and applicable taxes at the time of purchase.
Price Changes & Errors
Prices may change at any time. We reserve the right to correct pricing errors, even after payment.
Order Limits & Refusals
We may limit or refuse orders at our discretion. All purchases are non-refundable, except as required by law.

6. CANCELLATION

Subscriptions may be canceled at any time via your account settings or by contacting support. Cancellation takes effect at the end of your current billing period; no prorated refunds will be provided.

7. SOFTWARE

If we provide downloadable software or mobile apps, your use is governed by these Terms and any accompanying EULA. In absence of a separate EULA, we grant you a revocable, non-exclusive license to use the software solely in connection with the Services.

8. PROHIBITED ACTIVITIES

You agree not to:

  • Scrape, harvest, or mine data from the Services
  • Reverse-engineer, decompile, or disassemble the Services or software
  • Bypass security or access controls
  • Upload viruses, malware, or other malicious code
  • Harass, abuse, or harm other users or Company employees
  • Use the Services for any unlawful or unauthorized purpose
  • Spam, phish, or send unsolicited communications
  • Impersonate any person or entity

9. USER GENERATED CONTRIBUTIONS

“Contributions” are any content you submit (text, images, videos, comments). You retain ownership of your Contributions, but by submitting them you grant us a worldwide, royalty-free license to use, reproduce, modify, publish, and distribute them in connection with the Services.

10. SERVICES MANAGEMENT

We reserve the right to:

  • Monitor use of the Services
  • Modify, suspend, or discontinue the Services (or any part) temporarily or permanently
  • Remove or refuse to post any Contributions that violate these Terms

11. PRIVACY POLICY

Our Privacy Policy describes how we collect, use, and share personal information. By using the Services, you consent to our collection and use of personal information as described therein.

12. TERM & TERMINATION

These Terms remain in effect until terminated by you or us. We may suspend or terminate your access at any time for any reason, including breach of these Terms. Upon termination, your license to use the Services immediately ends.

13. MODIFICATIONS & INTERRUPTIONS

We may update or modify the Services at any time, and may suspend or discontinue the Services temporarily or permanently with or without notice. We are not liable for any modification, suspension, or discontinuation.

14. GOVERNING LAW

These Terms and any disputes arising under them are governed by the laws of the Republic of South Africa, without regard to conflict-of-law principles.

15. DISPUTE RESOLUTION

Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts of Mpumalanga, South Africa.

16. CORRECTIONS

We may correct typographical errors, inaccuracies, or omissions in the Services at any time without prior notice. We do not guarantee that any content is accurate, complete, or current.

17. DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. CleverCam (Pty) Ltd DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

18. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CleverCam (Pty) Ltd WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO CleverCam (Pty) Ltd IN THE PRIOR TWELVE MONTHS, OR ZAR 1,000, WHICHEVER IS LESS.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CleverCam (Pty) Ltd and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including attorneys’ fees) arising from your violation of these Terms or your use of the Services.

20. USER DATA

We backup user data regularly but are not responsible for any loss or corruption. You remain responsible for maintaining copies of your Contributions.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS & SIGNATURES

Visiting the Services or sending emails constitutes electronic communications. You consent to receive communications from us electronically. These communications satisfy any legal requirement for written notice.

22. CONTACT US

If you have questions about these Terms, please contact us:

  • Email: hello@clevercam.co.za
  • Address: Den Haag Street, Die Heuwel, Witbank, Mpumalanga 1035, South Africa
  • Phone: +27 72 219 5375

Effective Date: June 13, 2025