Effective Date: 19 February 2025

Introduction

These Terms of Service ("Terms") govern your access to and use of the website, digital products, and services ("Services") operated by Lightmode ("we", "us", "our", or "the Vendor"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

Definitions

  • Vendor: Lightmode, the developer and operator of the Services.
  • Merchant of Record: The designated third-party payment processor that acts as the seller of record for transactions related to our paid Services.
  • User: Any individual or entity that accesses or uses the Services.
  • Services: The website at https://lightmode.co.za and all digital products, software applications, and related services provided by the Vendor.

Acceptance of Terms

By creating an account, making a purchase, or otherwise using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

Description of Services

Lightmode develops and operates digital products and software-as-a-service solutions. The specific features, functionality, and terms of individual products may be further described in product-specific terms or addendums, which form part of these Terms where applicable.

Payments and Billing

All payments for our paid Services are processed by our designated third-party payment processor, which acts as the Merchant of Record for all transactions. This means:

  • The Merchant of Record is the entity that sells our digital products to you.
  • The Merchant of Record handles all payment processing, invoicing, and the collection of applicable taxes (including VAT, sales tax, and other transaction taxes).
  • Your purchase is subject to the Merchant of Record's terms of use and privacy policy, available on their website, in addition to these Terms.

By making a purchase, you agree to the Merchant of Record's terms and authorise them to charge your chosen payment method. Pricing is displayed at the point of purchase and may vary by region due to local taxes and currency conversion.

Refund Policy

Our refund policy is set out in a separate document. Please refer to our Refund Policy page for full details on eligibility, process, and timelines.

Intellectual Property

All content, software, designs, logos, trademarks, and other intellectual property associated with the Services are the property of Lightmode or its licensors and are protected by South African and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, or otherwise exploit any of our intellectual property without prior written consent.

Where our Services allow you to submit or upload content, you retain ownership of your content. By submitting content, you grant us a limited, non-exclusive licence to use, store, and process that content solely for the purpose of providing the Services to you.

User Conduct and Acceptable Use

When using our Services, you agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
  • Attempt to gain unauthorised access to any part of the Services, other accounts, or computer systems.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Transmit any viruses, malware, or other harmful code.
  • Use the Services to send unsolicited communications (spam).
  • Reverse engineer, decompile, or disassemble any part of the Services.
  • Resell, sublicense, or redistribute the Services without our written permission.

We reserve the right to suspend or terminate your access if you violate these terms.

Limitation of Liability

To the maximum extent permitted by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 ("CPA"):

  • Lightmode shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.
  • Our total aggregate liability for any claim arising from or related to the Services shall not exceed the amount you paid to us (via our payment processor) in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under South African law, including liability for fraud, gross negligence, or any rights guaranteed under the CPA.

Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

This disclaimer does not affect any rights you may have under the Consumer Protection Act 68 of 2008 that cannot be excluded or limited by agreement.

Termination

We may suspend or terminate your access to the Services at any time if you breach these Terms, with or without notice depending on the severity of the breach. You may stop using the Services at any time. Upon termination, your right to use the Services ceases immediately. Any provisions of these Terms that by their nature should survive termination shall remain in effect.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

ECTA Compliance

In compliance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), we provide the following information:

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

[email protected]