Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement made under the laws of the Republic of South Africa between you ("User," "you," "your," or "Customer") and Rytinco Group (Proprietary) Limited, a South African company registered under company number [Registration Number] ("Rytinco," "Company," "we," "us," or "our") regarding your access to and use of our website, platform, software, and services.

Important: If you do not agree to these Terms, you must not access or use our services. Your continued use of our services following any changes to these Terms constitutes acceptance of those changes.

2. Description of Services

Rytinco provides a comprehensive Qlink - dynamic QR Code & Shortlink - platform that includes:

3. User Accounts

3.1 Account Creation

To use certain features of our services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

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
• Using strong passwords and enabling two-factor authentication when available

3.3 Account Restrictions

You may not create multiple accounts to circumvent service limitations, share account credentials with others, or use automated means to create accounts. Each account is for individual or single entity use only.

4. Acceptable Use Policy

4.1 Incorporation of Acceptable Use Policy

Your use of our services is subject to our Acceptable Use Policy, which prohibits illegal, harmful, abusive, or inappropriate use of our platform. Violation of the Acceptable Use Policy constitutes a material breach of these Terms.

4.2 Enforcement

We reserve the right to investigate, suspend, or terminate access to our services for any violation of these Terms or our Acceptable Use Policy, with or without notice, at our sole discretion.

5. Intellectual Property Rights

5.1 Our Intellectual Property

Rytinco owns all rights, title, and interest in and to the services, including all software, technology, designs, trademarks, and proprietary information. These Terms do not grant you any ownership rights in our intellectual property.

5.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your intended business purposes.

5.3 Trademark Policy

"Rytinco" and our logos are trademarks of Rytinco Group (Pty) Ltd. You may not use our trademarks without our prior written consent, except as necessary to identify our services.

6. User Content

6.1 Your Content Rights

You retain ownership of all content you create, upload, or submit through our services ("User Content"). However, you grant us certain rights as described below.

6.2 License to Rytinco

By submitting User Content, you grant Rytinco a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your content as necessary to provide services
• Create QR codes, landing pages, and forms containing your content
• Process and manage form submissions on your behalf
• Backup and maintain your content for service reliability
• Analyze content for service improvement (in anonymized form)

6.3 Content Responsibility

You are solely responsible for your User Content and warrant that you have all necessary rights to grant the licenses described in these Terms. We may remove content that violates these Terms or applicable laws.

7. Domain Name Use Agreement

These terms apply when you connect a custom domain you own or use a Rytinco‑managed domain to deliver Qlinks or pages.

8. Payment Terms

8.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Current pricing is available on our website and may change with notice.

8.2 Payment Processing

Payments are processed by third-party payment providers. You agree to provide accurate payment information and authorize recurring charges for subscription plans.

8.3 Billing and Renewals

• Subscriptions automatically renew unless cancelled
• You will be charged at the beginning of each billing period
• Price changes will be communicated in advance
• Failed payments may result in service suspension
• All fees are in South African Rand (ZAR) unless otherwise specified

8.4 Usage Surcharges

Additional fees apply for usage exceeding the base allowance in your subscription plan:

• Surcharges apply to combined usage exceeding one million (1,000,000) scans/clicks per workspace per calendar month across all Qlinks and Pages
• Rate: R100 per million scans/clicks or portion thereof above the base limit per workspace
• Calculated monthly per workspace and billed in arrears during the subsequent billing cycle
• All surcharge fees are in South African Rand (ZAR)

8.5 Free Trials and Workspace Billing

Free trial eligibility is limited and subject to specific conditions:

• Free trials are available only for your first workspace on new accounts at our discretion
• Additional workspaces require valid payment details and immediate billing activation
• Each workspace is billed separately and requires its own subscription
• Free trial benefits do not extend to secondary or additional workspaces

8.6 Refunds and Cancellations

You may cancel your subscription at any time. Refunds are provided in accordance with our refund policy. Cancellation applies per workspace and does not affect other active workspaces.

9. Automatic Renewal Terms

Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis for the applicable plan and taxes.

10. Service Availability and Support

10.1 Service Uptime

We strive to maintain high service availability but do not guarantee uninterrupted service. Planned maintenance will be communicated in advance when possible.

10.2 Support Services

Support is provided based on your subscription plan. We offer:

• Email support for all users
• Priority support for premium plans
• Documentation and knowledge base access
• Community forums for user interaction

10.3 Service Modifications

We reserve the right to modify, suspend, or discontinue services with reasonable notice. We will provide migration assistance for discontinued features when feasible.

11. Termination

11.1 Termination by You

You may terminate your account at any time by canceling your subscription or contacting our support team. Termination will be effective at the end of your current billing period.

11.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Use services in a manner that causes harm to us or others
• Engage in fraudulent or illegal activities

11.3 Effect of Termination

Upon termination, your access to services will cease, and we may delete your data after a reasonable period. You remain liable for all fees incurred before termination.

Data Retention and Recovery

• Your Qlink configurations, form data, and analytics data may be retained for up to 30 days after termination
• During this period, you may reactivate your account to restore full functionality
• After 30 days, all data including form submissions may be permanently deleted at our discretion
• We are not responsible for any business disruption caused by deactivated Qlinks or forms
• It is your responsibility to export form data and update or replace any printed materials before termination

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

12.1 Data Processing

We process personal data in accordance with applicable privacy laws including POPIA, GDPR, and other regional regulations.

12.2 Data Security

We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the internet is 100% secure.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability and fitness for purpose
• We do not guarantee that services will be uninterrupted, error-free, or secure
• We are not responsible for third-party content, services, or actions
• You use services at your own risk and discretion

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability to you shall not exceed the amount paid by you in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for lost profits, data loss, business interruption, or other commercial damages
• These limitations apply regardless of the legal theory of liability
• Some jurisdictions may not allow these limitations, so they may not apply to you

15. Indemnification

You agree to indemnify, defend, and hold harmless Rytinco and its officers, directors, employees, and agents from and against any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms
• Your User Content or activities
• Your violation of any rights of another party
• Your violation of applicable laws or regulations

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008, and the Protection of Personal Information Act 4 of 2013, without regard to conflict of law principles.

16.2 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the competent courts of the Republic of South Africa. The parties hereby consent to the personal jurisdiction of the Western Cape Division of the High Court of South Africa, Cape Town, and waive any objection to venue therein.

16.3 Dispute Resolution

Before initiating legal proceedings, we encourage you to contact us directly to resolve any disputes. We are committed to working with you to find a fair resolution.

17. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make changes:

• We will post the updated Terms on our website
• We will update the "Last Updated" date
• For material changes, we will provide notice via email or platform notification
• Continued use of services after changes constitutes acceptance
• If you don't agree to changes, you may terminate your account

18. Contact Information and General Provisions