Terms of Service

1. Acceptance of Terms

By accessing, downloading, installing, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Kundai.

2. Use of Services and Prohibited Activities

Our Services are provided for lawful business and personal purposes only. You agree to use our Services in compliance with all applicable laws, regulations, and these Terms.

You expressly agree NOT to:

• Use our Services for any illegal, fraudulent, or unauthorized purpose
• Violate any local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of Kundai or any third party
• Transmit any malicious code, viruses, worms, or harmful software
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of our software
• Modify, adapt, alter, or create derivative works of our Services without explicit written permission
• Use our Services to develop competing products or services
• Resell, redistribute, or sublicense our Services without authorization
• Use automated systems, bots, or scrapers to access our Services
• Interfere with or disrupt the integrity or performance of our Services
• Collect or harvest information about other users without their consent
• Use our Services to transmit spam, phishing, or other unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

3. Software Misuse and Unauthorized Use

Kundai develops and provides custom software solutions, including but not limited to web applications, mobile applications, dashboards, and business automation systems. The following provisions specifically address software misuse:

4. Intellectual Property Rights

All content, features, functionality, and software provided by Kundai, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Kundai or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

• You acknowledge that all rights, title, and interest in and to the Services remain with Kundai
• You may not use Kundai's trademarks, service marks, or logos without our prior written consent
• Any feedback, comments, or suggestions you provide regarding our Services may be used by Kundai without obligation to you

5. Limitation of Liability and Disclaimers

DISCLAIMER OF WARRANTIES: Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Kundai does not warrant that our Services will be uninterrupted, secure, or error-free, or that defects will be corrected. Kundai does not warrant or make any representations regarding the use or results of the use of our Services in terms of their correctness, accuracy, reliability, or otherwise.

6. User Accounts and Responsibilities

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that all information you provide is accurate and current

Kundai reserves the right to suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason we deem necessary.

7. Payment Terms

If you purchase any Services from Kundai:

• All fees are non-refundable unless otherwise stated in writing
• You agree to pay all applicable fees and taxes
• Kundai reserves the right to change pricing at any time, with notice to existing customers
• Failure to pay may result in suspension or termination of Services

8. Modifications to Terms

Kundai reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of our Services.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or our Services shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, through binding arbitration in accordance with South African arbitration laws
• You agree to waive any right to a jury trial or to participate in a class action lawsuit

10. Third-Party Services and Links

Our Services may contain links to third-party websites or services that are not owned or controlled by Kundai. Kundai has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Kundai shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

11. Termination

Kundai reserves the right to terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Indemnification

You agree to defend, indemnify, and hold harmless Kundai, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with: (a) your access to or use of our Services; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right; or (d) any misuse of our software or Services by you or any third party.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Support

kundai@kundai.co.za