TERMS OF SERVICE

These Terms of Service ("Terms") govern your access to and use of Notchd's digital loyalty platform, website, and related services (collectively, the "Services") operated by Notchd ("we", "us", "our"). By creating an account or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

You must be at least 18 years old and capable of entering into a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that the information you provide is accurate and complete.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at info@t23ventures.com if you suspect unauthorised access. We are not liable for loss or damage arising from your failure to protect your credentials.

Paid plans are billed in advance on a recurring basis via our payment partner NetCash. Fees are quoted in South African Rand (ZAR) and are non-refundable except where required by law. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

We may change pricing with at least 30 days' notice. Continued use of the Services after a pricing change constitutes acceptance of the new pricing.

Notchd is a digital product. All sales and subscription fees are final and non-refundable. We do not offer refunds for unused time on a subscription, partial billing periods, or features you choose not to use.

If you experience any issues with the Services or believe you have been billed in error, please contact us at info@t23ventures.com and we will work with you in good faith to resolve the problem.

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Send unsolicited messages, spam, or content that violates WhatsApp's Business Policy
• Upload customer data without a lawful basis under POPIA
• Attempt to reverse engineer, decompile, or interfere with the Services
• Resell, sublicense, or white-label the Services without a written agreement
• Use the Services to harass, defraud, or harm any person

We reserve the right to suspend or terminate accounts that violate these rules.

When you upload end-customer data (names, phone numbers) to the platform, you act as the responsible party under POPIA and we act as the operator. You warrant that you have obtained all necessary consents from your customers and have a lawful basis to share their data with us for the purposes of issuing loyalty passes and sending messages on your behalf. See our Privacy Policy for details on how we handle personal information.

The Services, including all software, design, branding, and content (excluding your customer data and merchant branding), are owned by Notchd and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Services for the duration of your subscription.

You retain ownership of your logos, branding, and customer data. You grant us a licence to use these solely to provide the Services to you.

The Services integrate with Apple Wallet, Google Wallet, Twilio (WhatsApp), and NetCash. Your use of these services is subject to their respective terms. We are not responsible for the availability or actions of third-party providers.

We strive to keep the Services available 24/7 but do not guarantee uninterrupted access. We may perform scheduled maintenance, deploy updates, or experience outages. We are not liable for any loss arising from downtime, but we will make reasonable efforts to notify you of planned maintenance.

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be error-free or meet your specific requirements.

To the maximum extent permitted by law, Notchd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Services. Our total liability for any claim shall not exceed the fees you paid us in the 12 months preceding the claim.

You agree to indemnify and hold harmless Notchd, its officers, employees, and affiliates from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights, including your customers' privacy rights.

You may terminate your account at any time from your account settings. We may suspend or terminate your access if you breach these Terms or if required by law. Upon termination, your right to use the Services ends immediately, and we may delete your data after 30 days as described in our Privacy Policy.

We may update these Terms from time to time. We will notify you of material changes by email or through the platform. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be resolved in the courts of South Africa, without regard to conflict of law principles.

If you have any questions about these Terms, contact us: