1. Use of Services
1.1. Eligibility: You must be at least 18 years old and have the legal capacity to enter into agreements to use the Masakhane App Suite. By accessing or using the Masakhane App Suite , you represent and warrant that you meet these eligibility requirements.
1.2. License: Subject to compliance with these Terms, Strata I.S.D grants you a limited, non-exclusive, non-transferable, and revocable license to use the Masakhane App Suite for your internal business purposes.
2. Account Registration
2.1. Account Creation:
2.1.1 You will be required to create an account to access certain features of the Masakhane App Suite.
2.1.2 You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
2.2. Account Security:
2.2.1 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.2.2 You agree to notify us immediately of any unauthorized access to or use of your account.
3. User Content
3.1. Ownership:
3.1.1 You retain ownership of any content or information you submit, post, or display on the Masakhane App Suite ("User Content").
3.1.2 By submitting User Content, you grant Strata I.S.D a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content.
3.2. Prohibited Content:
3.2.1 You agree not to submit, post, or display any User Content that is unlawful, defamatory, obscene, infringing, or otherwise objectionable.
3.2.2 Strata I.S.D reserves the right to remove any User Content that violates these Terms or is otherwise inappropriate.
4. Intellectual Property
4.1. Ownership:
4.1.1 The Masakhane App Suite and all intellectual property rights therein are owned by Strata I.S.D. except, as expressly provided in these Terms and Conditions.
4.1.2 You are not granted any rights or licenses in or to the Masakhane App Suite or its content.
5. Payment and Subscription
5.1. Payment:
5.1.1 Invoices are generated on the 25th day of each calendar month and will reflect the total amount due for services rendered during that billing cycle. Each invoice will include the Masakhane account details for payment.
5.1.2 Full payment is required by deposit into the Masakhane account as reflected on the invoice. Payment must be made no later than the 5th day of the following month.
5.2. Late Payment:
5.2.1 If payment is not received by the 5th, a follow-up email will be sent as a reminder.
5.2.2 If payment remains outstanding by the 10th day of the following month, the account will be blocked without further notice, and access to services will be suspended until payment is received in full.
5.3. Subscriptions:
5.3.1 Monthly Subscription: All services provided by Masakhane operate on a month-to-month subscription model, commencing on the 1st day of each calendar month and concluding on the last day of that same month.
5.3.2 Termination: Clients must provide written notice of cancellation at least one full calendar month in advance. For example, to terminate services effective 1 November, notice must be received no later than 30 September.
5.3.3 Non-Refundable Periods: Once a new subscription month has commenced, the full monthly fee remains payable regardless of usage, unless otherwise agreed in writing.
5.3.4 Service Continuity: In the absence of a cancellation notice, the subscription will automatically renew on a monthly basis, and the client will remain liable for the applicable fees.
5.4. Masakhane App Suite pricings are subject to change upon 30 days notice from the Masakhane Sales Team. Such notice may be provided at any time by posting the changes to the Masakhane App Suite Notification navigation bar option in app or by email.
6. Limitation of Liability
6.1. Disclaimer: The Masakhane App Suite is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Strata I.S.D disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2. Limitation of Liability: In no event shall Strata I.S.D or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Masakhane App Suite, whether based on warranty, contract, tort (including negligence), or any other legal theory.
7. Indemnification
7.1. You agree to indemnify, defend, and hold harmless Strata I.S.D and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Masakhane App Suite or any violation of these Terms.
8. Termination
8.1. Strata I.S.D may suspend or terminate your access to the Masakhane App Suite at any time, with or without cause, and without prior notice or liability. Upon termination, your right to use the Masakhane App Suite will cease immediately.
9. Governing Law
9.1. These Terms and any disputes arising out of or in connection with the Masakhane App Suite shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.
10. Changes to Terms
10.1. Strata I.S.D reserves the right to modify or revise these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Masakhane web site [www.masakhane.net] . Your continued use of the Masakhane App Suite following the posting of changes constitutes acceptance of those changes.
11. Contact Us
11.1. If you have any questions or concerns about these Terms, please contact us at [support@masakhane.net].