Terms and Conditions
of Use

1. About Us

Cypher Innovative Technologies is a South African software engineering company that develops software solutions, including apps, games, websites, desktop software, backend systems, and related digital services.

2. Eligibility

You may use our software and services only if you are legally capable of entering into a binding agreement under applicable law. If you use our software on behalf of a business or another legal entity, you confirm that you have authority to bind that entity to these Terms.

3. Use at Your Own Risk

All software, games, apps, and services provided by Cypher IT are used entirely at your own risk.

You accept that software may contain bugs, errors, downtime, compatibility issues, interruptions, or security vulnerabilities. You are solely responsible for assessing whether our software is suitable for your intended purpose and for maintaining your own backups, device protection, antivirus, security controls, and operational safeguards.

4. No Warranties

To the fullest extent permitted by law, all software and services are provided on an “as is” and “as available” basis.

Cypher IT makes no representations or warranties, express or implied, including any warranty that the software or services will:

• be uninterrupted, timely, secure, or error-free
• be free from defects, viruses, or harmful code
• meet your expectations or business requirements
• achieve any intended result
• remain continuously available
• be compatible with all devices, operating systems, browsers, networks, or integrations

5. Limitation of Liability

To the fullest extent permitted by applicable law, Cypher IT, its owners, directors, employees, contractors, affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to:

• your access to or use of the software or services
• inability to access or use the software or services
• data loss, corruption, deletion, or unavailability
• cyberattacks, malware, ransomware, unauthorized access, or security incidents
• service outages, downtime, bugs, defects, or software failure
• third-party conduct, services, integrations, content, or infrastructure
• loss of profits, revenue, goodwill, contracts, customers, business opportunities, or anticipated savings
• device failure, account compromise, or network compromise
• any decision made or action taken based on the use of our software or services

Nothing in these Terms excludes liability where such exclusion is not permitted by law.

6. Security and Data Breaches

We implement reasonable technical and organizational measures intended to help protect information and systems, and we will continue to do so to the best of our ability. However, no software, network, cloud environment, website, API, database, or electronic storage method is completely secure.

You acknowledge and agree that use of internet-connected software always involves some level of risk. To the fullest extent permitted by law, Cypher IT is not responsible for losses, claims, damages, or liabilities arising from unauthorized access, hacking, data breaches, interception, theft, cyber incidents, or other security events, except where liability cannot legally be excluded.

You remain responsible for safeguarding your devices, credentials, backups, and internal systems.

7. User Responsibilities

You agree that you will:

• use the software only for lawful purposes
• provide accurate information where required
• maintain the confidentiality of your passwords, login credentials, and devices
• ensure your own backups and recovery procedures are in place
• comply with all laws, regulations, licenses, and third-party terms applicable to your use

You must not:

• misuse, reverse engineer, decompile, probe, scan, or interfere with the software except where law expressly permits it
• attempt to gain unauthorized access to systems, accounts, data, or networks
• use the software to commit unlawful acts
• distribute malware, harmful code, spam, or abusive content
• copy, resell, sublicense, rent, lease, or exploit the software without our written permission

8. Intellectual Property

All intellectual property rights in and to our software, code, designs, branding, text, graphics, interfaces, content, systems, and materials are owned by or licensed to Cypher IT unless otherwise stated.

Using our software does not transfer any ownership rights to you. You receive only a limited, revocable, non-exclusive, non-transferable right to use the software in accordance with these Terms.

9. Third-Party Services and Links

Our software or services may integrate with, depend on, or link to third-party platforms, app stores, payment gateways, hosting providers, maps, analytics services, APIs, or other services.

We do not control and are not responsible for third-party services, uptime, actions, content, privacy practices, security, or terms. Your use of third-party services is subject to their own terms and policies.

10. Payments, Purchases, and Refunds

Where paid software, subscriptions, in-app purchases, support plans, licenses, or custom development services are offered, the applicable price, billing terms, and refund rules will be presented at the point of purchase, quotation, invoice, proposal, or service agreement.

Unless required by law or expressly stated otherwise in writing, fees paid are non-refundable.

App Store Clause

If any software, game, app, in-app purchase, subscription, or digital content is downloaded, purchased, or accessed through the Google Play Store or Apple App Store, such purchase or use is also subject to the applicable terms, conditions, rules, and policies of that platform. Cypher IT is not responsible for the operation, payment processing, billing practices, refund handling, account controls, or platform policies of Google Play or Apple App Store.

Paid Game and App Clause

Where we offer paid games, paid mobile apps, paid desktop apps, paid web apps, unlockable features, downloadable content, or in-app purchases, you are granted a limited, non-exclusive, non-transferable, revocable license to use that software or content for personal or internal business use only, subject to these Terms and any applicable written license terms. Unless otherwise required by law or expressly stated in writing, the purchase of a paid game or app gives you a right to use the product and does not transfer ownership of the software or any intellectual property rights.

11. Custom Development and Client Projects

Where we build software, apps, games, or other solutions for a client, any project-specific scope, payment terms, deliverables, timelines, ownership arrangements, maintenance obligations, support levels, or warranties must be set out in a separate written agreement, quote, proposal, or statement of work.

Unless expressly agreed in writing, project delivery dates are estimates only.

12. Suspension and Termination

We may suspend, restrict, or terminate access to any software or services at any time, with or without notice, where reasonably necessary for maintenance, upgrades, legal compliance, misuse prevention, security reasons, non-payment, breach of these Terms, or service discontinuation.

Upon termination, your right to use the software ends immediately, but any clauses that by nature should survive termination will continue to apply, including clauses relating to liability, intellectual property, indemnity, payments, and dispute resolution.

13. Indemnity

You agree to indemnify, defend, and hold harmless Cypher IT, its owners, directors, employees, contractors, affiliates, and service providers from and against any claims, losses, damages, liabilities, costs, and expenses, including reasonable legal costs, arising out of or related to:

• your misuse of the software or services
• your breach of these Terms
• your violation of any law or third-party right
• content, data, or materials you upload, submit, store, transmit, or process through our systems

14. Updates and Changes

We may update, modify, suspend, replace, or discontinue any part of our software, services, features, functionality, pricing, or support at any time.

We may also amend these Terms from time to time. Updated Terms will become effective when published on our website or otherwise made available. Your continued use after the effective date of updated Terms constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

16. Dispute Resolution

Before starting formal legal proceedings, the parties agree to first attempt in good faith to resolve any dispute through written notice and informal discussions within a reasonable period.

Nothing in this clause prevents either party from seeking urgent legal relief where necessary.

17. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional written agreement that specifically applies, form the entire agreement between you and Cypher IT regarding the relevant software or services.

19. Contact Details

Cypher Innovative Technologies

Website: cypherit.co.za

Email: info@cypherit.co.za

Location: South Africa / Cape Town, South Africa