Terms of Service

Draft for review. This is a working first draft, not final legal content. It must be reviewed by a legal professional, and every placeholder in [brackets] completed, before it is published. The liability, warranty and indemnity sections in particular need legal input. Remove this notice once the review is done.

Last updated: [date to be set on publication]

These Terms of Service ("Terms") govern your access to and use of the SymplTorque workshop management software, website and related services (the "Service"), operated by itndesign (Pty) Ltd t/a SymplTorque (registration number 2013/154587/07), a company registered in South Africa ("SymplTorque", "we", "us"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Who may use the Service

The Service is for businesses, in particular independent motor workshops operating in South Africa. You must be at least 18 years old and authorised to act for the business you register. You are responsible for everything done under your account.

Early access

The Service is currently offered on an early-access basis. This means features are still being developed and may change, and we onboard workshops directly. We may add, change or remove features during this period. We will give reasonable notice of material changes that affect you.

Your account

You must give accurate account information and keep it up to date.
You are responsible for keeping your login details secure and for all activity under your account, including that of the users you add.
Tell us promptly at connect@sympltorque.co.za if you believe your account has been compromised.

Subscriptions, pricing and payment

Paid plans are billed monthly in South African Rand. Prices are shown on our Pricing page as a single amount including VAT at the rate in force.
Plans are month to month with no lock-in. You may cancel at any time, effective at the end of your current billing month. [Confirm cancellation and refund terms with your reviewer.]
We may change prices on reasonable notice. Changes will not affect the month already paid for.
Card payments are handled by our payment partner, Yoco, under their terms.

Your customers' data and POPIA

When you use the Service you may load personal information about your own customers, such as vehicle owners. In relation to that information, you are the responsible party and we act as your operator, processing it on your instructions to provide the Service. You are responsible for having a lawful basis to collect and use that information and for meeting your own obligations under POPIA, including giving your customers any notices and obtaining any consents that are required. Our handling of personal information is described in our Privacy Policy and POPIA Notice.

Acceptable use

You agree not to misuse the Service. In particular you will not use it to break the law, infringe anyone's rights, upload harmful code, attempt to gain unauthorised access, or interfere with the Service or other users. We may suspend or limit access if these Terms are breached.

Availability

We work to keep the Service available and reliable, including offline functionality that syncs when a connection returns. We do not, however, promise that the Service will be uninterrupted or error-free, and we may need to carry out maintenance. [Add any service-level commitment referenced elsewhere, or state that none is given, on legal advice.]

Intellectual property

The Service, including its software, design and content, belongs to SymplTorque or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service for your business while these Terms apply. The data you enter remains yours.

Your data and export

You can export your data (such as customers, jobcards, invoices and parts) to CSV at any time. If your account is closed, we will make your data available for export for a reasonable period and then delete or de-identify it, subject to records we must keep by law. See our Privacy Policy for retention details.

Warranties and liability

[This section needs legal input before publication.] The Service is provided on an "as is" and "as available" basis to the extent permitted by law, including the Consumer Protection Act and other applicable South African law. Nothing in these Terms limits any liability that cannot be limited by law. Subject to that, our liability to you is limited [describe the limitation, for example to the fees paid in the preceding [period]], and we are not liable for indirect or consequential loss. Your statutory rights are not affected.

Indemnity

[This section needs legal input.] You agree to indemnify us against claims arising from your breach of these Terms or your unlawful use of the Service, including claims relating to the personal information you load into the Service.

Suspension and termination

You may stop using the Service and cancel at any time. We may suspend or end your access if you materially breach these Terms, if required by law, or if we discontinue the Service, in which case we will give reasonable notice and a chance to export your data.

Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and, where changes are material, take reasonable steps to let you know. Continuing to use the Service after changes take effect means you accept them.

General

[These general clauses are skeletons for your attorney to finalise.]

Entire agreement: these Terms, together with the Privacy Policy and POPIA Notice, are the whole agreement between us about the Service.
Severability: if any provision is found unenforceable, the rest continues to apply.
No waiver: if we do not enforce a right, that is not a waiver of it.
Assignment: you may not transfer your rights under these Terms without our consent; we may assign ours as part of a business transfer, subject to your rights.
Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control.
Notices: we will send notices to the email address on your account; you can reach us at connect@sympltorque.co.za.

Governing law

These Terms are governed by the law of the Republic of South Africa, and the South African courts have jurisdiction, subject to any right you have under the Consumer Protection Act. [Confirm jurisdiction and dispute-resolution wording with your reviewer.]

Contact us

Questions about these Terms? Email connect@sympltorque.co.za.