Terms of Service

Acceptance of terms and operational conditions for using our services.

1. Relationship and Scope

These Terms of Service govern your relationship with OpenInfinity (Pty) Ltd ("OpenInfinity", "we", "us", or "our"). By accessing our website or using our software development, affiliate, or consulting services, you agree to be bound by these terms. These terms are subject to the Electronic Communications and Transactions Act (ECT Act) of South Africa.

2. User Accounts and Security

Users may be required to create accounts to access specific features (e.g., affiliate dashboards, client portals). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Affiliate Program and Payouts

For participants in the OpenInfinity Affiliate Program:

  • Banking Details: You are responsible for providing accurate and up-to-date banking information for commission payouts. OpenInfinity is not liable for failed payouts due to incorrect information provided by the user.
  • Compliance: Affiliates must comply with all digital marketing laws, including the ECT Act's anti-spam provisions. Deceptive marketing practices are strictly prohibited.
  • Commission Calculations: Commissions are calculated based on valid project referrals as defined in your specific affiliate agreement.

4. Intellectual Property

Unless otherwise agreed upon in a specific service contract, all intellectual property rights in the software, designs, and content provided by OpenInfinity remain the property of OpenInfinity (Pty) Ltd. Users are granted a limited license to use the services as intended.

5. Limitation of Liability

OpenInfinity provides its services "as is" and "as available". We do not warrant that the services will be uninterrupted or error-free. To the maximum extent permitted by South African law, OpenInfinity shall not be liable for any indirect, incidental, or consequential damages resulting from the use or inability to use our services.

6. Governing Law

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

7. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after such changes constitutes your acceptance of the new terms.