⚠ Draft pending attorney sign-off. This document still contains unresolved [PLACEHOLDER: …] items and must not be treated as final until they are completed and it is dated.
SparkED — Terms of Service Effective date: [PLACEHOLDER: Effective Date] Last updated: [PLACEHOLDER: Last Updated Date]
1.1 These Terms of Service ("Terms") govern access to and use of SparkED, a digital identity and contact-sharing platform (the "Service"), made available by Incendio Digital Labs (Pty) Ltd, registration number [PLACEHOLDER: Company Registration Number], a private company incorporated in the Republic of South Africa, with its registered address at [PLACEHOLDER: Registered Address] and postal address at [PLACEHOLDER: Postal Address, if different] ("Incendio", "we", "us", "our").
1.2 By creating an account, or by accessing or using the Service in any way, you ("User" or "you") agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
1.3 These Terms must be read together with our Privacy Policy and our POPIA Notice, both of which are incorporated into these Terms by reference. If there is a direct conflict between this document and the Privacy Policy or POPIA Notice on a matter of data protection, the Privacy Policy and POPIA Notice prevail.
1.4 If you are accepting these Terms on behalf of a company, firm, or other organisation, you confirm that you have the authority to bind that organisation, in which case "you" refers to that organisation.
2.1 "Profile" means the digital identity page you create and configure through the Service.
2.2 "Public Link" means the unique web address through which your Profile can be accessed by any person.
2.3 "Sharing Method" means any mechanism by which your Profile or its contents may be shared or accessed, including the Public Link, a QR code, a vCard file, and near-field communication ("NFC") tap.
2.4 "Content" means all information, text, images and files you submit, upload, or configure through the Service, including your name, contact details, job title, company, bio, profile photo, company logo, and social or website links.
2.5 "Relationship Entry" means any Content you add to the Service that consists of the name and/or contact details of a third party (a person other than yourself).
2.6 "Personal Information" has the meaning given to it in POPIA.
3.1 SparkED allows you to create a Profile containing your professional contact and identity information, and to share that Profile using one or more Sharing Methods.
3.2 The Service currently supports sharing via Public Link, QR code, vCard export, and NFC. We may add, change, or discontinue Sharing Methods from time to time.
3.3 Public by design. Your Profile, once published, is publicly accessible to any person who obtains your Public Link, scans your QR code, receives your vCard, or taps your NFC device. There is currently no "private" or "unlisted" Profile mode — a Profile is either an unpublished draft (visible only to you) or fully public. You are solely responsible for deciding what Content to include in a published Profile.
3.4 We do not control, and are not responsible for, what a recipient of your Public Link, QR code, vCard, or NFC tap does with the information you have chosen to publish.
4.1 You must be at least 18 years old and have the legal capacity to enter into a binding contract under South African law to use the Service. The Service is not intended for, and must not be used by, persons under 18.
4.2 If you are creating or managing a Profile on behalf of a company or other entity, you warrant that you are authorised to do so and to represent that entity's contact details.
5.1 You must provide accurate and current information when registering. You must promptly update your information if it changes.
5.2 Your password is stored by us only in hashed (non-reversible) form. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
5.3 Two-factor authentication ("2FA") is available on an optional basis for all account types, including billing administrators. We recommend enabling 2FA.
5.4 You must notify us promptly at deon@incendiogroup.co.za if you become aware of any unauthorised access to, or use of, your account.
6.1 You must not use the Service to:
(a) publish unlawful, defamatory, harassing, hateful, or fraudulent Content;
(b) impersonate any person or entity, or misrepresent your affiliation, qualifications, or professional credentials;
(c) publish another person's Personal Information as a Relationship Entry without that person's consent (see clause 7 below);
(d) upload malicious code, or attempt to gain unauthorised access to the Service, other accounts, or our systems;
(e) scrape, harvest, or systematically extract Content or Personal Information from Profiles, other than through the ordinary use of a Sharing Method by its intended recipient;
(f) send unsolicited bulk communications ("spam") using information obtained through the Service;
(g) reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is not permitted by applicable law; or
(h) use the Service in a manner that breaches any applicable law, including POPIA, the Consumer Protection Act 68 of 2008, and the Electronic Communications and Transactions Act 25 of 2002.
6.2 We may investigate suspected breaches of this clause and take proportionate action, including removing Content, suspending, or terminating an account, in accordance with clause 13.
7.1 You retain ownership of the Content you submit. By submitting Content, you grant Incendio a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and publicly display that Content through the Service, strictly as configured by you (including via any Sharing Method you enable), for as long as your account and the relevant Content remain active.
7.2 Where you create a Relationship Entry containing another natural person's name or contact details, you warrant that:
(a) you have obtained that person's informed consent to their Personal Information being collected, stored, and published in this way;
(b) you will remove or amend the Relationship Entry promptly upon that person's request; and
(c) you will indemnify Incendio against any claim, complaint (including to the Information Regulator), fine, or loss arising from your breach of this warranty.
7.3 Third-party takedown channel. A person who believes their Personal Information has been published in a Relationship Entry without their consent may request its removal by contacting deon@incendiogroup.co.za. We will act on substantiated requests within 5 business days by removing or suspending the relevant Relationship Entry pending resolution with the User concerned.
8.1 The Service, including its software, design, trademarks, logos, and the SparkED and Incendio names and branding, is owned by Incendio or its licensors. Nothing in these Terms transfers any ownership of that intellectual property to you.
8.2 We grant you a limited, non-exclusive, non-transferable licence to access and use the Service for its intended purpose, in accordance with these Terms.
9.1 Certain features of the Service are offered free of charge; others require payment of a subscription fee. Current plans and pricing are set out at https://sparkedapp.co.za/pricing.
9.2 Payments are processed by our third-party payment processor, Paystack. Card and payment details are provided directly to Paystack and are never transmitted to or stored on our servers.
9.3 Subscriptions auto-renew on a monthly or annual basis (as selected by you) unless cancelled before the renewal date. You may cancel at any time via the "Manage subscription" option in your dashboard billing settings.
9.4 Fees already paid are non-refundable, except where required by applicable consumer protection law. This clause must be checked against the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002 before publication — see drafting notes at the end of this document.
9.5 We may change our fees on 30 days' prior notice. Changes take effect from your next billing cycle unless you cancel before then.
10.1 The Service, or specific features of it, may be identified as "beta" and are provided on an experimental basis. Beta features may be changed, limited, or withdrawn at any time without liability.
10.2 To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including as to uninterrupted availability, error-free operation, or fitness for a particular purpose.
10.3 Nothing in this clause limits any statutory right or warranty that cannot lawfully be excluded, including any implied warranty as to the quality of services under the Consumer Protection Act 68 of 2008, to the extent that Act applies to your use of the Service.
11.1 To the maximum extent permitted by law, Incendio will not be liable for any indirect, incidental, special, or consequential loss, or loss of profits, revenue, goodwill, or data, arising out of or in connection with the Service.
11.2 Subject to clause 11.3, Incendio's total aggregate liability to you arising out of or in connection with these Terms or the Service is limited to the total fees paid by you to Incendio in the 12 months preceding the event giving rise to the claim, or R1,000, whichever is greater.
11.3 Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; or (d) any liability that cannot lawfully be limited or excluded under South African law, including under the Consumer Protection Act 68 of 2008 where applicable.
12.1 You indemnify and hold Incendio harmless against any claim, loss, damage, fine, or cost (including reasonable legal costs) arising from: (a) your breach of these Terms; (b) Content you publish that is unlawful or infringes a third party's rights; or (c) any Relationship Entry published in breach of clause 7.2.
13.1 We may suspend or terminate your account, with or without notice, if we reasonably believe you have breached these Terms, engaged in unlawful conduct, or created risk or possible legal exposure for Incendio or another User.
13.2 You may close your account at any time via the self-service option in your account settings.
13.3 On termination or account closure, your account is scheduled for deletion 30 days later. During those 30 days you may export your data or cancel the deletion by logging back in and selecting "Cancel deletion" in your account settings. After 30 days, your account and all associated data are permanently and irreversibly deleted in accordance with our Privacy Policy, save for information we are required or entitled to retain by law.
13.4 Clauses which by their nature should survive termination (including clauses 7.2, 8, 11, 12, 15, and 16) continue to apply after termination.
14.1 We may modify the Service or these Terms from time to time. Where a change is material, we will provide notice by email and/or in-app notice at least 14 days before it takes effect.
14.2 Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may close your account.
15.1 These Terms are governed by the laws of the Republic of South Africa.
15.2 Subject to any right you may have as a consumer to approach a court or forum of competent jurisdiction that cannot be excluded by agreement, the parties submit to the non-exclusive jurisdiction of the courts of the Western Cape Division, Cape Town.
16.1 Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in force.
16.2 Entire agreement. These Terms, together with the Privacy Policy and POPIA Notice, constitute the entire agreement between you and Incendio regarding the Service.
16.3 No waiver. A failure to enforce a provision is not a waiver of the right to do so later.
16.4 Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of assets, on notice to you. You may not assign these Terms without our written consent.
16.5 Notices. Notices to you may be sent to the email address on your account. Notices to us must be sent to deon@incendiogroup.co.za.
Incendio Digital Labs (Pty) Ltd [PLACEHOLDER: Registered Address] deon@incendiogroup.co.za sparkedapp.co.za