1. INTRODUCTION

 

The following terms and conditions (referred to as “Agreement”) apply from 1st of July 2024. Thank you for using StartupApp by Startup Mzansi. StartupApp by Mzansi, is incorporated as StartupApp (Pty) Ltd, business registration number 2018/236181/07, with a registered office at 351 Pavarotti Road, Midridge Park, Midrand, 1687. You can reach StartupApp at support@startupmzansi.app.

 

1.1 The StartupApp Console application is a startup business and project management tool (collectively referred to as the “Platform”). The Platform hosts and facilitates access to content (“Content”) uploaded by the you (“Customer”). Content can be of interest to and therefore shared with parties such as company stakeholders and potential investors. The Customer chooses with whom they share their Content.

 

1.2 The platform is accessible to the Customer at specific URLs designated by StartupApp in its sole discretion.

 

1.3 The Service is subject to your agreement to and compliance with the conditions set forth in this User Agreement ("the Agreement"). When creating a User Account to use the Service, it is constituting your accept of the Agreement, by which you are creating a binding contract between you and StartupApp. Prior to doing so, you must read, agree with and accept all of the terms and conditions contained in this Agreement and in the incorporated documents to the Agreement. See appendixes Privacy Policy and Cookie Policy. The Agreement is available to you on StartupApp’ website www.startupmzansi.app and is concluded in English.

 

1.4 As long as you are in compliance with the conditions of this Agreement and all incorporated documents, StartupApp hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable and non-exclusive access to use the Service. No rights not explicitly listed are granted to you.

 

1.5 All objects appearing on StartupApp, including but not limited to the Content, text, layout (e.g. graphics, logos, names, designs, page headers, button icons, scripts, and service names) and sound, are protected by intellectual property rights or ownership rights and belongs to either StartupApp, a User or a third party, whom StartupApp has entered into an agreement with. You may not use the above-mentioned for any purpose whatsoever other than as permitted by this Agreement.

 

1.6 StartupApp may revise or update this Agreement by posting an amended version through the Service. If a modification is significant, StartupApp will make you aware of the modification, either through the Service, and/or through contact information provided by you. Your continuous use following a such update is considered as an acceptance of the updated Agreement. If you do not accept the update, you must stop using the Service.

 

1.7 StartupApp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice. 1.9. You agree that no joint venture, partnership, employment, or agency relationship exists between you and StartupApp as a result of this Agreement or your use of the Platform. You can therefore not commit StartupApp or act on any other Users behalf.

 

1.8 Some parts or all of the Service may not be available to the general public, and StartupApp may impose rules of eligibility from time to time. StartupApp reserves the right to amend or eliminate these eligibility requirements at any time.

 

1.9 Any not utilized enforcement of this Agreement does not constitute a waiver of rights of StartupApp, see further in subsection 10.2.

 

2 SUBSCRIPTION, ACCOUNTS AND USERS

 

2.1 In order to access the Platform you need to be a user (”User”, in plural ”Users”). You (referring to the User) become a User once you have set up a User Account (”User Account”).

 

2.2 Users can view Content of an Account without having a User Account if the terms of section 2.15 apply.

 

2.3 Users can be either employees of the Customer or Users not employed by the Customer.

 

2.4 Usage also requires a subscription plan, which is chosen by the Customer when creating a User Account.

 

2.5 When you set up a User Account, you guarantee that the information provided by you is correct and sufficient and that you will revert to StartupApp if this information changes. You also guarantee that you will keep your password information safe and that you will instantly inform StartupApp in case of any unauthorized usage of your User Account.

 

2.6 StartupApp may use your contact information for administrative or verification purposes related to your Content or in relation to specific projects. You can unsubscribe at any time. See more in the Privacy Policy and Cookie Policy.

 

2.7 The User Account is strictly personal and you can only use your own personal User Account, see however subsection 2.10.

 

2.8 To be a User you must be a natural person or an identifiable legal entity.

 

2.9 If you are a natural person, you must be at least thirteen (13) years old to use the Platform. By using the Platform, you guarantee that you meet this minimum age requirement.

 

2.10 StartupApp does not investigate or perform any background checks on Users. Therefore, it is up to the Customer to ensure your (referring to the Customer’s) own safety in your interactions with other Users of the Platform and in your activities conducted in connection with the Platform.

 

2.11 Once you have a User Account you can choose to create a) an Incubator (referred to as “Incubator Account”) or b) an idea or start-up (referred to as a “Deck Account”).

 

2.12 Incubator Accounts and Deck Accounts can have several Users assigned with different privileges and rights.

 

2.13 The User owning an Incubator Account (“Account Owner) or Deck Account (“Account Owner”) can invite other Users to that Account and will determine the privileges and rights of each User.

 

2.14 The Account Owner can give basic viewing and commenting rights to Users without a User Account. In this case, the User with viewing and commenting rights will be given access through a unique link and password.

 

3 PAYMENT, REFUND, UPGRADE AND DOWNGRADE

3.1 A valid credit card is required for all subscription plans, including trials.

 

3.2 If you initially sign up for a subscription plan that includes a free trial, and you don't cancel that account within the specified free trial period, you will be billed monthly at the date and time that your free trial period ends. Note that the “days” of the free trial correspond to 24-hour periods beginning at the date and time that you sign up. If you cancel prior to the processing of your first invoice, during your free trial period, you will not be charged.

 

3.3 For first-time billings, after the end of a trial, we offer a full refund if you contact us via email at support@startupmzansi.app within 7 days after your subscription begins. The e-mail request must come from the same account belonging to the e-mail on the subscription you wish to cancel. This applies only to trial-based subscriptions.

 

3.4 An upgrade from the plan, which holds your free trial to any other plan will end your free trial. You will be billed for your first month immediately upon upgrading.

 

3.5 The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

 

3.6 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

 

3.7 For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.

 

3.8 Downgrading of the Service may cause the loss of Content, features, or capacity of your Account. StartupApp does not accept any liability for such loss.

 

4 SUBMISSION OF USER CONTENT

 

4.1 The Platform and the Services available thereon enable you to provide or upload Content, including but not limited to text, images, video, data, financial information, and other information or content to StartupApp for the purpose of providing the Services. By uploading any Content you acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and any consequences of submitting, providing or uploading it.

 

4.2 You are under no obligation to publish anything through the Service once you have set up your User Account.

 

4.3 StartupApp will use Content uploaded by you in connection with providing the Service to you, to maintain and operate the Platform, to cooperate with governmental investigation or as required by law or legal or administrative process, and to protect the rights and property of StartupApp, its users and third parties.

 

4.4 By uploading name and logo to the Platform you hereby grant StartupApp a perpetual, revocable, transferrable, sub-licensable, worldwide, fully paid up, royalty-free right to display this Content for marketing purposes. The display can be on any media now known or hereafter created.

 

4.5 You agree that you will not violate any applicable law or regulation in connection with your use of the Service.

 

4.6 When publishing Content on the Platform and in any relation to the Services, you guarantee that:

 

4.6.1 The Content is your own original creation.

 

4.6.2 You possess all necessary rights to dispose of the Content, including but not limited to all the necessary rights to publish and potentially sell the right of use to a third party.

 

4.6.3 The Content does not infringe any intellectual property rights.

 

4.6.4 The Content is not libelous, defamatory, pornographic, obscene, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable;

 

4.6.5 The Content does not contain or entail any privacy violations;

 

4.6.6 The Content is correct, real and not staged with the intention to sell;

 

4.6.7 That you will not modify, adapt, translate, copy or disassemble any portion of the Service;

 

4.6.8 That you will not interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;

 

4.6.9 That you will not transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity

 

4.6.10 That you will not use manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Platform or the information or content contained therein (including any form of e-mail address harvesting)

 

4.6.11 That you will not publish or otherwise provide false, incomplete or misleading information on the Service.

 

4.6.12 That you will not promote any business or business activity other than the launch of the business that is the stated purpose of your Account.

 

4.6.13 That you will not access the Platform for the purpose of monitoring its availability, performance or functionality, or for any benchmarking or competitive purposes.

 

4.7 If you request StartupApp to remove your Content from the Service, the right of StartupApp to market your Content automatically repeals thirty (30) days after your request.

 

4.8 You can report Content and User behavior if the Content or User behavior is subject to a breach of the User Agreement. See clause 11.

 

4.9 StartupApp retains the right to, at any given time and at StartupApp’s sole discretion, to remove Content that might be subject to breaches with this Agreement.

 

5 INDEMNIFICATION

5.1 The User agrees to defend, indemnify and hold StartupApp and StartupApp's suppliers harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses. StartupApp is not liable for any losses suffered by the User or losses due to any agreements between Users. Therefore, StartupApp cannot be held liable for any losses suffered by this use, including but not limited to errors and/or defects or unauthorized usage of the User Accounts

 

5.2 StartupApp is not liable in case your User Account name entails that you can be identified through your Content. In the case of a data loss, fail of system, lack of accessibility, delays, disruption or likewise, StartupApp will try its utmost to restore the loss of data due to available backups to the extent possible, but does however, not hold any liability in this relation.

 

5.3 While StartupApp makes reasonable efforts to ensure that the Platform remains available at all time, StartupApp does not represent or warrant that access to the Platform will be error-free, uninterrupted, or without defect, and StartupApp does not guarantee that you will be able to access or use the Platform the Content, or its features at all times.

 

5.4 StartupApp does not guarantee any certain amount of Content at the Platform. Thus, StartupApp cannot be held liable if the amount or a specific piece of Content is removed from the Platform.

 

5.5 StartupApp is not liable for any typographical errors or inaccuracies and reserves the right to correct any of such errors.

 

5.6 When referring to StartupApp in this clause, StartupApp’ parents, subsidiaries, affiliates, directors, shareholders, members, managers, employees and suppliers, are also held under the same indemnifications.

 

6 TERMINATION

6.1 You may cancel your use of the Service and/or terminate your account and these Terms of Service with or without cause at any time by providing notice to StartupApp; provided, however, that a terminated account may continue to exist for a reasonable period of time before such cancellation takes effect in order for StartupApp process the termination. You may terminate your account ONLY in the manner set forth in this Section 6. In addition to the right to terminate your account for using StartupApp in a manner that violates these Terms of Service as provided in Section 4, StartupApp may at any time and for any reason terminate the Service, terminate these Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information and Content may remain in the StartupApp system.

 

6.2 In order to terminate your account, you MUST follow the instructions and account termination procedures provided at the Account Management page of the Service. An account cannot be terminated in any other way, and StartupApp Software cannot terminate an account by email or telephone.

 

7 FORCE MAJEURE

7.1 StartupApp cannot be held liable, directly or indirectly, in any way in the event of force majeure. Amongst recognized force majeure events are; war, nature disasters, strikes, fires and other conditions of which StartupApp is not in charge of. In case of a force majeure event, delivery according to this Agreement is suspended until the force majeure condition is passed. If the delay remains for more than a month, both parties can terminate the license agreement (as stipulated in clause 6) without notice and without payment of compensation or damage to the other party.

 

8 MISCELLEANOUS

8.1 The Platform may contain links to third party webpages. StartupApp does not endorse any website or services through the provision of such a link. Thus, StartupApp cannot be held liable in any way in regards to these third parties and their use of your information, that you provide them with, once you visit their webpage.

 

8.2 StartupApp may assign StartupApp’ rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without StartupApp’ prior written consent, and any unauthorized assignment by you will be null and void. However, see subsection 1.11.

 

8.3 If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect and will not affect the validity and enforceability of any remaining Agreement.

 

9 DISPUTES

9.1 If you find any Content to be abusive or infringing, you must immediately inform StartupApp by sending an e-mail to StartupApp at hello@startupmzansi.app The complaint must contain: i) a description of the Content, ii) a description of where on the Platform the Content can be localized iii) your contact information.

 

10 CHOICE OF LAW AND VENUE

10.1 If a dispute cannot be solved through a complaint process, disputes must be solved by the High Court of South Africa. All disputes will be subject to South African law.

 

10.2 In case of any contradictions in different language versions of the Agreement, the English version shall prevail.