Terms of Service

Last updated: PLACEHOLDER: DATE OF PUBLICATION

These Terms of Service (“Terms”) govern your access to and use of the KuddeSoft marketing website at PLACEHOLDER: WEBSITE DOMAIN (the “Site”), including the self-serve client portal, account registration via a third-party sign-in provider, and subscription purchases processed through a third-party payment provider (collectively, the “Services”). They are entered into between you and:

  • PLACEHOLDER: FULL REGISTERED COMPANY NAME (“KuddeSoft”, “we”, “us”, “our”)
  • Registration number: PLACEHOLDER: CIPC REGISTRATION NUMBER
  • Physical address: PLACEHOLDER: PHYSICAL BUSINESS ADDRESS
  • Contact: PLACEHOLDER: SUPPORT/LEGAL CONTACT EMAIL

By accessing the Site, creating an account, or purchasing a subscription package, you agree to be bound by these Terms. If you do not agree, do not use the Services.

These Terms apply to the marketing website and self-serve subscription/billing relationship only. Where KuddeSoft provisions a dedicated, separately-hosted deployment of its feedlot/livestock management software for a client, the detailed terms of use for that software product are governed by a separate signed agreement between KuddeSoft and that client (a “Master Services Agreement” or equivalent), which takes precedence over these Terms in the event of any conflict regarding the software itself. PLACEHOLDER: CONFIRM WHETHER A SEPARATE MSA/SLA EXISTS OR IS PLANNED, AND CROSS-REFERENCE IT HERE.

1. Who can use the Services

The Services are intended for use by businesses (juristic persons) and their authorised representatives, primarily South African agribusiness/feedlot operators, and are not directed at consumers acting in a personal capacity. You must be at least 18 years old and have the authority to bind the entity on whose behalf you act to enter a subscription.

2. Accounts

2.1 Client accounts (third-party sign-in)

Client portal accounts are created exclusively via a supported third-party sign-in provider, identified on the sign-in screen itself. We do not issue or store passwords for client accounts; authentication is handled entirely by that provider under its own terms and privacy policy. You are responsible for maintaining the security of your account with that provider and for all activity that occurs under your KuddeSoft client account.

2.2 Admin accounts

Internal KuddeSoft staff accounts are subject to separate internal security policies (email + password + mandatory two-factor authentication) and are not available for customer registration.

2.3 Accuracy of information

You agree to provide accurate, current, and complete information when submitting contact forms, registering an account, or purchasing a subscription, and to keep such information up to date.

3. Subscriptions and billing

3.1 Payment processor

All subscription payments are processed by an independent, licensed third-party payment service provider. By subscribing, you also agree to that provider’s applicable terms. KuddeSoft never receives, transmits, or stores your full card number; our payment provider tokenises your card and provides us only the card brand, last 4 digits, expiry date, and a customer/subscription reference for account management and support purposes. The specific provider used is identified at checkout, and full detail is available on request (see section 16).

3.2 Pricing and currency

Subscription fees are quoted and charged in South African Rand (ZAR) and are displayed on the Site’s pricing/package pages prior to purchase, inclusive of applicable South African VAT where relevant. PLACEHOLDER: CONFIRM VAT REGISTRATION STATUS AND WHETHER DISPLAYED PRICES ARE VAT-INCLUSIVE OR EXCLUSIVE.

3.3 Billing cycle and automatic renewal

Subscriptions billed on a recurring basis (e.g. monthly/annually — PLACEHOLDER: CONFIRM ACTUAL BILLING PERIODS OFFERED) will automatically renew at the then-current rate at the end of each billing period, until cancelled in accordance with clause 3.5.

3.4 Failed payments

If a renewal payment fails, we may retry the charge, suspend access to the client portal/software provisioning associated with the subscription, and/or contact you to update your payment details. Continued failure to pay may result in suspension or termination of the subscription.

3.5 Cancellation

You may cancel your subscription at any time via the client portal or by contacting PLACEHOLDER: CANCELLATION CONTACT/METHOD. Cancellation takes effect at the end of the then-current paid billing period, unless otherwise stated at checkout. Except as required by law or as expressly stated in a signed agreement between you and KuddeSoft, fees already paid are non-refundable. PLACEHOLDER: CONFIRM ANY REFUND POLICY, PRO-RATA REFUNDS, OR TRIAL PERIOD TERMS.

3.6 Price changes

We may change subscription pricing from time to time. Where you are on a recurring subscription, we will give you reasonable advance notice (e.g. PLACEHOLDER: NOTICE PERIOD, e.g. 30 days) before a price change takes effect on your next renewal.

4. Acceptable use

You agree not to use the Site or client portal to:

  • Violate any applicable South African law or regulation;
  • Attempt to gain unauthorised access to any account, system, or data, including other clients’ isolated deployments;
  • Interfere with, disrupt, or place undue load on the Site’s infrastructure;
  • Reverse-engineer, scrape, or extract data from the Site beyond normal browsing/use;
  • Submit false, misleading, or fraudulent information via forms, sign-up flows, or payment details;
  • Use the Services to transmit malware, spam, or unlawful content.

We reserve the right to suspend or terminate access for any breach of this clause.

5. Intellectual property

5.1 Ownership

All content on the Site — including text, graphics, logos, the KuddeSoft name and brand, page layouts, and underlying source code of the marketing website — is owned by or licensed to KuddeSoft and is protected by South African and international copyright, trademark, and other intellectual property laws.

5.2 Limited licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site and client portal for your internal business purposes. No other rights are granted.

5.3 The software product

Nothing in these Terms transfers ownership of, or grants a licence to, the underlying feedlot/livestock management software itself; use of that software is governed exclusively by the separate agreement referenced in the preamble to these Terms.

5.4 Feedback

If you provide suggestions or feedback about the Site or Services, you grant KuddeSoft a perpetual, royalty-free licence to use that feedback without restriction or compensation to you.

6. Third-party services

The Services rely on and integrate with third-party providers for authentication and payment processing. Your use of those integrations is also subject to the respective third party’s own terms and privacy policy. KuddeSoft is not responsible for the availability, performance, security, or acts or omissions of these independent third parties, except as required by South African law. The specific providers used are identified on the relevant sign-in and checkout screens, and full detail is available on request (see section 16).

7. Disclaimers

To the maximum extent permitted by South African law, the Site and Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Site will be uninterrupted, secure, or error-free. Nothing in this clause limits any warranty that cannot lawfully be excluded.

8. Limitation of liability

To the maximum extent permitted by South African law:

  • KuddeSoft’s total aggregate liability arising out of or relating to your use of the marketing website and self-serve billing Services shall not exceed the total subscription fees paid by you to KuddeSoft in the twelve (12) months preceding the event giving rise to the claim;
  • KuddeSoft shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business opportunity, arising from your use of the Site;
  • Nothing in these Terms excludes or limits liability for gross negligence, wilful misconduct, fraud, or any liability that cannot lawfully be excluded or limited under South African law (including, where applicable, the Consumer Protection Act 68 of 2008).

Liability arising from the actual software product provided under a separate client agreement is governed exclusively by that agreement, not these Terms.

9. Indemnity

You agree to indemnify and hold KuddeSoft harmless from any claims, losses, or damages (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.

10. Termination

We may suspend or terminate your access to the client portal or Site at our reasonable discretion, including for breach of these Terms, non-payment, or suspected fraudulent or unlawful activity. You may stop using the Site and cancel your subscription at any time in accordance with clause 3.5. Termination does not entitle you to a refund of fees already paid, except as required by law.

11. Consumer Protection Act

KuddeSoft’s Services are marketed and sold on a business-to-business (B2B) basis to agribusiness/feedlot operators acting as juristic persons in the course of their business. Where a client qualifies as a “consumer” under the Consumer Protection Act 68 of 2008 (“CPA”) — for example, where the client juristic person’s asset value or annual turnover falls below the threshold prescribed by the Minister of Trade and Industry (currently R2 million) — the applicable protections of the CPA that cannot lawfully be excluded will apply to that client notwithstanding anything else in these Terms. PLACEHOLDER: CONFIRM CURRENT CPA JURISTIC-PERSON TURNOVER THRESHOLD AT TIME OF PUBLICATION, AS IT MAY BE UPDATED BY THE MINISTER.

12. Electronic transactions disclosures (ECT Act)

The following information is disclosed in accordance with section 43 of the Electronic Communications and Transactions Act 25 of 2002:

  • Full name and legal status: PLACEHOLDER: FULL REGISTERED COMPANY NAME, PLACEHOLDER: LEGAL STATUS, e.g. (Pty) Ltd
  • Registration number and place of registration: PLACEHOLDER: CIPC REGISTRATION NUMBER, registered in the Republic of South Africa
  • Physical address and telephone number: PLACEHOLDER: PHYSICAL BUSINESS ADDRESS, PLACEHOLDER: PHONE NUMBER
  • Website address and email address: PLACEHOLDER: WEBSITE DOMAIN, PLACEHOLDER: CONTACT EMAIL
  • Physical address for legal service of documents: PLACEHOLDER: LEGAL SERVICE ADDRESS (may be the same as the physical address above)
  • Membership of any self-regulatory or accreditation body: Not applicable — KuddeSoft is not currently a member of any such body.
  • Code of conduct: Not applicable — KuddeSoft does not currently subscribe to a code of conduct.

13. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. You and KuddeSoft submit to the non-exclusive jurisdiction of the South African courts, without prejudice to either party’s right to refer a dispute to arbitration or another agreed dispute resolution process. PLACEHOLDER: CONFIRM IF A SPECIFIC COURT (e.g. a specific Magistrate's Court/High Court division) OR AN ARBITRATION CLAUSE IS PREFERRED.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated “Last updated” date, and, where required by law or where you have an active subscription, we will provide reasonable advance notice.

15. General

  • Entire agreement: These Terms (together with our Privacy Policy and Cookie Policy) constitute the entire agreement between you and KuddeSoft regarding the Site and self-serve Services.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
  • No waiver: Failure to enforce a provision is not a waiver of our right to do so later.
  • Assignment: You may not assign your rights under these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact

  • PLACEHOLDER: FULL REGISTERED COMPANY NAME
  • Registration number: PLACEHOLDER: CIPC REGISTRATION NUMBER
  • Physical address: PLACEHOLDER: PHYSICAL BUSINESS ADDRESS
  • Email: PLACEHOLDER: CONTACT EMAIL

This document is a starting draft prepared based on legal research into South African law (including the ECT Act and Consumer Protection Act). It is not a substitute for review and sign-off by a South African admitted attorney before publication.