Terms of Use

Terms and Conditions for Softmeet

Last Updated: July 2, 2025

Website: https://softmeet.co.za
Company: Softtechz Technology PTY LTD and its subsidiaries, affiliates, and parent companies

These Terms and Conditions ("Terms", "Agreement") govern your use of the Softmeet communication platform and services operated by Softtechz Technology PTY LTD ("Softmeet", "we", "us", or "our").

IMPORTANT: SERVICE TIERS AND DATA USAGE

Softmeet operates a hybrid service model with distinct tiers:

Data-Free Services (Basic Tier)

Services provided without data usage where network agreements exist:

• Text messaging and chat communication
• Basic profile management (text-based information)
• Website navigation and account management
• User authentication and login processes

Premium Services (Data-Required Tier)

Services requiring active internet connection and data usage:

• Media Upload and Storage - Images, videos, audio files stored via DigitalOcean Spaces
• Media Viewing and Download - Accessing any uploaded content
• Voice and Video Calls - Real-time communication via Agora.io services
• File Sharing - Document uploads and downloads
• Profile Pictures and Cover Photos - Visual content display

By using Premium Services, you acknowledge that data charges will apply and you are responsible for all associated costs.

1. ACCEPTANCE AND CONSENT

By accessing or using Softmeet services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, you may not access the service.

You specifically consent to:

• Processing of your data as described in our Privacy Policy
• International data transfers to third-party service providers
• Data usage charges for Premium Services
• Storage of media content on third-party cloud infrastructure

2. SERVICE ACCESS AND USAGE RIGHTS

2.1 Access Rights

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use Softmeet services for personal or business communication
• Download and use our mobile applications on your devices
• Access associated documentation and support materials

2.2 Service Tiers and Limitations

Basic Tier (Data-Free):

• Text-based communication services
• Limited to essential communication features
• Subject to network provider data-free agreements
• No media upload or viewing capabilities

Premium Tier (Data-Required):

• Full access to media features and cloud storage
• Real-time voice and video communication
• Enhanced file sharing and collaboration tools
• Global content delivery via third-party infrastructure

2.3 Third-Party Service Dependencies

Our services integrate with third-party providers:

DigitalOcean Spaces (Media Storage):

• All uploaded media stored on DigitalOcean infrastructure
• Subject to DigitalOcean's terms of service and availability
• Located in global data centers including India
• Requires active internet connection for access

Agora.io (Communication Services):

• Voice and video call processing
• Real-time communication infrastructure
• Global service with international data routing
• Subject to Agora's terms and service availability

You acknowledge that:

• Third-party service outages may affect Premium Services
• We are not liable for third-party service interruptions or failures
• Data charges apply for all third-party service usage
• Third-party terms of service also govern your usage
• Service quality depends on factors beyond our control

2.4 User Restrictions

You agree not to:

• Reverse engineer, decompile, or attempt to extract source code
• Use services to violate any applicable laws or regulations
• Transmit harmful, offensive, defamatory, or illegal content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use services for unauthorized commercial purposes
• Share account credentials or allow unauthorized access
• Interfere with or disrupt the integrity or performance of the services
• Create multiple accounts to circumvent restrictions
• Use automated systems or bots without express permission

3. DATA USAGE AND FINANCIAL RESPONSIBILITY

3.1 Data Usage Charges

You are solely responsible for all data usage costs associated with:

• Uploading images, videos, or files to DigitalOcean Spaces
• Viewing or downloading media content
• Participating in voice or video calls via Agora.io
• Any other Premium Service usage

3.2 Network Provider Relationships

• Data-free access depends on agreements between Softmeet and network providers
• Not all networks may offer data-free access to Basic Services
• Data-free status may change without notice based on network provider policies
• Users should verify data-free coverage with their network provider

3.3 No Liability for Data Costs

Softmeet explicitly disclaims liability for:

• Data charges incurred through Premium Service usage
• Unexpected data usage due to service features or third-party integrations
• Changes in network provider data-free agreements
• Third-party service data consumption beyond our control

4. INTELLECTUAL PROPERTY AND CONTENT

4.1 Softmeet Intellectual Property

We retain all rights, title, and interest in:

• Softmeet platform, software, and applications
• Service documentation and materials
• Trademarks, logos, and branding elements
• Proprietary algorithms and technology
• Database rights and compilation rights

4.2 User Content

Text Content (Basic Services):

• Stored on Softmeet servers in South Africa
• You retain ownership of your text communications
• You grant us a license to store, process, transmit, and display content for service delivery

Media Content (Premium Services):

• Stored on DigitalOcean Spaces infrastructure
• You grant us a worldwide, non-exclusive license to store, process, and deliver content
• Subject to DigitalOcean's terms and data policies
• You remain responsible for content legality and appropriateness

4.3 Content Responsibilities

You represent and warrant that:

• You own or have sufficient rights to all content you upload
• Your content does not violate any laws, regulations, or third-party rights
• You have necessary permissions for any shared content
• Content complies with our Acceptable Use Policy
• Content does not infringe on intellectual property rights of others

5. PRIVACY AND DATA PROTECTION

5.1 Data Processing

Our Privacy Policy governs data collection, use, and sharing practices. Key principles:

• Text data stored locally in South Africa where possible
• Media data stored internationally via DigitalOcean
• Communication data processed via Agora.io
• Data transfers comply with applicable privacy laws including POPIA

5.2 Data Retention

• Text messages: Retained until account deletion or as required by law
• Media files: Stored on DigitalOcean per their policies and our retention schedule
• Account data: Retained for legal and operational requirements
• Call records: Processed by Agora.io per their retention policies

6. FEES, PAYMENT, AND BILLING

6.1 Service Fees

• Basic Services: Free where data-free agreements exist
• Premium Services: Subject to data usage charges paid to your network provider
• Subscription Services: As specified in service plans or order forms
• Additional Features: May require separate payment

6.2 Payment Terms

For paid subscription services:

• Fees are non-refundable except as legally required or specified in our refund policy
• Payment due within 30 days of invoice date unless otherwise specified
• Credit card payments authorized for recurring charges
• Late payments subject to 1.5% monthly finance charge or maximum allowed by law
• Failure to pay may result in service suspension or termination

6.3 Taxes and Additional Charges

• Fees exclude applicable taxes, VAT, duties, and government charges
• You are responsible for all taxes except those on our net income
• Additional charges for premium features clearly disclosed before purchase
• Currency conversion fees may apply for international transactions

7. MARKETPLACE AND FINANCIAL SERVICES

7.1 Marketplace Operations

Softmeet Marketplace allows users to buy and sell items through our platform. By participating, you agree to these terms:

For Sellers:

• Softmeet retains a 10% commission on all completed transactions
• Commission calculated on final sale price including shipping fees
• Commission automatically deducted before payment to seller
• You are responsible for accurate item descriptions and condition
• You must fulfill orders within agreed timeframes
• All items must comply with applicable laws and our content policies
• You warrant that you have the right to sell all listed items

For Buyers:

• Payment processed securely through our payment systems
• Purchase protection subject to our dispute resolution process
• Refunds processed according to seller's return policy and our terms
• You are responsible for reviewing item descriptions before purchase
• All sales are between buyer and seller; Softmeet facilitates only

7.2 Escrow and Payment Processing

Payment Holding:

• Softmeet temporarily holds buyer payments in escrow for transaction security
• Funds released to seller upon confirmed delivery or buyer acceptance
• Escrow period protects both buyers and sellers
• Dispute resolution may extend escrow period

Seller Payments:

• Payments processed after successful transaction completion
• Softmeet's 10% commission automatically deducted
• Net proceeds transferred to seller's designated account
• Payment processing may take 3-5 business days

7.3 Withdrawal Terms and Processing

Withdrawal Requests:

• Users may request withdrawals at any time through account settings
• Minimum withdrawal amount and processing fees may apply as disclosed
• All withdrawals subject to identity verification requirements
• Fraudulent or suspicious transactions may delay or prevent processing

Processing Timeline:

• Standard processing time: 3-5 business days from approval
• Bank holidays and weekends may extend processing time
• International transfers may require additional processing time
• Rush processing options may be available for additional fees

Withdrawal Requirements:

• Valid bank account information required and verified
• Account holder name must match registered user name
• All outstanding disputes must be resolved before withdrawal
• Compliance with anti-money laundering regulations mandatory

7.4 Affiliate Program

Commission Structure:

• 10% one-time commission on successful subscription referrals
• Commission paid only on first subscription purchase by referred user
• Commission calculated on subscription value excluding taxes
• Multiple referral attempts for same user result in single commission

Referral Requirements:

• Referred user must be new to Softmeet (no existing account)
• Subscription must be completed within 30 days of referral link use
• Referral link must be properly attributed through our tracking system
• Fraudulent or self-referral attempts result in account suspension

Commission Payment:

• Commissions credited to affiliate account after subscription payment confirmation
• Subject to same withdrawal terms as other platform earnings
• Commission reversals may occur for refunded or disputed subscriptions
• Annual tax reporting required for earnings above statutory thresholds

7.5 Financial Compliance and Reporting

Regulatory Compliance:

• All financial transactions comply with South African financial regulations
• Anti-money laundering (AML) and Know Your Customer (KYC) procedures apply
• Transaction monitoring for suspicious activity
• Cooperation with regulatory authorities as required by law

Tax Responsibilities:

• Users responsible for reporting earnings to relevant tax authorities
• Softmeet may issue tax documentation for earnings above legal thresholds
• International users subject to applicable tax treaties and regulations
• Professional tax advice recommended for significant earnings

Record Keeping:

• Transaction records maintained for legal compliance periods (minimum 5 years)
• Users may access transaction history through account portal
• Additional documentation available upon reasonable request
• Records provided for legitimate legal or tax purposes

7.6 Financial Disputes and Resolution

Marketplace Disputes:

• Buyer-seller disputes resolved through our structured mediation process
• Evidence and documentation required for dispute claims within specified timeframes
• Softmeet's decision on disputes is final and binding
• Repeated disputes may result in marketplace restrictions or account suspension

Payment Disputes:

• Withdrawal delays investigated within 5 business days
• Bank transfer issues resolved with cooperation of financial institutions
• Chargeback and payment reversal procedures established
• Alternative payment methods may be offered for resolution

Appeal Process:

• Users may appeal financial decisions within 30 days of notification
• Written appeals with supporting documentation required
• Independent review for appeals exceeding R10,000
• Final decisions communicated within 14 business days

8. SERVICE AVAILABILITY AND LIMITATIONS

8.1 Service Levels

Basic Services:

• Target 99% uptime for text communication (not guaranteed)
• Subject to scheduled maintenance windows
• Limited support via standard channels

Premium Services:

• Subject to third-party provider availability
• No uptime guarantees for DigitalOcean or Agora.io services
• Performance depends on internet connection quality and external factors

8.2 Maintenance and Updates

We reserve the right to:

• Perform scheduled and emergency maintenance with reasonable notice where possible
• Update service features and functionality at our discretion
• Modify third-party service integrations as necessary
• Discontinue features with 30 days notice where commercially reasonable

8.3 Geographic Limitations

• Services may not be available in all countries due to legal or technical restrictions
• Third-party service restrictions may apply based on location
• Data-free agreements limited to specific regions and network providers
• Compliance with local laws and regulations required

9. ACCOUNT MANAGEMENT AND TERMINATION

9.1 Account Responsibilities

You are responsible for:

• Maintaining account security and confidentiality of login credentials
• Providing accurate, current, and complete information
• Complying with usage policies and restrictions
• Monitoring account activity and reporting unauthorized use immediately
• Updating account information when changes occur

9.2 Termination Rights

You may terminate:

• Your account at any time through account settings or by contacting support
• Specific service subscriptions per billing terms
• Access to Premium Services while retaining Basic Services

We may terminate or suspend:

• Accounts violating Terms or Acceptable Use Policy
• Services for non-payment or billing issues
• Access due to legal or regulatory requirements
• Services affected by third-party provider changes
• Accounts engaging in fraudulent or harmful activities
• Services immediately for severe violations without prior notice

9.3 Effect of Termination

Upon termination:

• Access to services immediately ceases
• Data deletion follows our Privacy Policy requirements and legal obligations
• Outstanding fees remain due and payable
• Survival clauses continue to apply indefinitely
• No refunds for unused services unless legally required

10. LIABILITY AND DISCLAIMERS

10.1 Service Disclaimers

SERVICES PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND:

• No guarantee of uninterrupted, timely, secure, or error-free operation
• Third-party service availability not warranted or guaranteed
• Data-free access subject to network provider agreements beyond our control
• Performance dependent on external factors including internet connectivity
• No warranty that services will meet your specific requirements
• No warranty against viruses or other harmful components

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Total aggregate liability limited to the greater of R1,000 or fees paid in preceding 12 months
• No liability for indirect, incidental, consequential, special, or punitive damages
• No responsibility for third-party service failures, outages, or data charges
• No liability for data loss due to third-party service issues or user actions
• No liability for business interruption, lost profits, or loss of data
• No liability for unauthorized access to or alteration of your content

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Softmeet, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms or applicable laws
• Content you upload, share, or transmit through services
• Your use of third-party services or features
• Data usage charges or billing disputes
• Your violation of any third-party rights
• Any negligent acts, omissions, or willful misconduct

11. DISPUTE RESOLUTION AND GOVERNING LAW

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

11.2 Jurisdiction and Venue

Any disputes arising from or relating to these Terms or your use of the services will be resolved exclusively in the courts of South Africa, and you irrevocably consent to personal jurisdiction and venue in South Africa.

11.3 Mandatory Arbitration (Optional Clause)

For disputes not exceeding R100,000, either party may elect binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA) in Johannesburg, South Africa.

11.4 Limitation Period

Any claims must be brought within one (1) year of the date the cause of action arose, or such claims will be permanently barred.

11.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any service-specific terms, constitute the complete and exclusive agreement between you and Softmeet, superseding all prior agreements and understandings.

12.2 Modifications

We may update these Terms at any time by posting the revised terms on our website. Material changes will be notified via email or prominent notice. Continued use of services after changes constitutes acceptance of new terms.

12.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remainder of these Terms remains in full force and effect, and the unenforceable provision will be modified to reflect the parties' original intent.

12.4 Assignment

We may assign, transfer, or delegate these Terms and our rights and obligations without restriction or notice. You may not assign your rights or obligations under these Terms without our prior written consent.

12.5 Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, strikes, or government actions.

12.6 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

12.7 Notices

All notices must be in writing and delivered to the addresses specified in Section 13. Electronic notices are acceptable and deemed received when sent to your registered email address.

12.8 Relationship of Parties

No agency, partnership, joint venture, or employment relationship is created between you and Softmeet by these Terms or your use of the services.

13. CONTACT INFORMATION

For questions about these Terms or our services:

Softtechz Technology PTY LTD
Unit 7, 49 De Havilland Crescent, Persequor
Pretoria, South Africa
Email: support@softmeet.co.za
Website: https://softmeet.co.za
Legal Notices: legal@softmeet.co.za

14. ACKNOWLEDGMENT

By using Softmeet services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You further acknowledge that you have the legal authority to enter into this agreement.

© 2025 Softtechz Technology PTY LTD. All rights reserved.

These Terms are effective as of July 2, 2025, and supersede all previous versions.