Terms and Conditions

Effective 2026 | Governed by the laws of the Republic of South Africa | Registration No. 2026/197863/07

Company Information

In accordance with Section 43 of the Electronic Communications and Transactions Act of 2000, the company provides the following:

Company Name: OmnitechWorks (Pty) Ltd

Registration Number: 2026 / 197863 / 07

Physical Address: Pretoria, Gauteng, South Africa

Email: hello@omnitechworks.com

These details are provided to ensure transparency and compliance with statutory disclosure requirements.

Definitions and Interpretation

In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, the following words and phrases shall have the corresponding meanings assigned to them and cognate expressions shall have similar meanings:

2.1. "Company" refers to OmnitechWorks (Pty) Ltd, the owner and operator of the AI platform, Braintiq.

2.2. "Platform" refers to the Braintiq AI software, website, applications and related services provided by the Company.

2.3. "User" means any individual accessing or using the platform, whether on a free or paid basis.

2.4. "Licensee" means any institution or organisation that has entered into a licensing agreement with the Company for multi-user access.

2.5. "Subscription" refers to the paid access model offered to users, whether monthly or annually.

2.6. "Fees" means all charges payable by users or licensees for access to the platform, as set out in applicable invoices or agreements.

2.7. "Support team" refers to the Company's designated customer service and technical support personnel.

2.8. "Agreement" means the Terms and Conditions, together with any additional written contracts entered into between the Company and a User or Licensee.

Application of Terms

These terms apply to:

• All individual users accessing the platform
• Institutional licensees who have entered into agreements with the company
• Any continued use of the platform, whether free or paid, constitutes acceptance of these terms

Acceptance of Terms

Acceptance occurs through:

• Electronic agreement: Clicking "I agree" or similar confirmation
• Continued use: Accessing or using the platform after initial exposure

This constitutes a valid agreement under the Electronic Communications and Transactions Act (ECTA).

Fees and Payment

5.1. Pricing models include:

• Individual subscriptions (monthly or annual)
• Institutional licensing (multi-user access) at R250–R350 per student/year

5.2. Payment terms:

• Payments must be made in accordance with the agreed upon invoicing schedules
• Accepted methods include EFT, debit/credit card, or other approved channels

5.3. Late payments:

• Late payments may attract interest in terms of the Prescribed Rate of Interest Act 55 of 1975
• The company reserves the right to suspend access until outstanding amounts are settled

Refunds and Cancellation

6.1. Users may cancel subscriptions by providing notice at least 30 days before the next billing cycle, unless otherwise agreed.

6.2. Refunds are only granted where required by law or expressly stated in promotional or contractual terms.

6.3. Refund requests must be submitted in writing to the company's support team within 7 days of the event giving rise to the claim.

6.4. Where applicable, consumers may exercise cooling-off rights under the Consumer Protection Act, which allows cancellation within 7 days of purchase for certain transactions.

Institutional Licensing

7.1. License grant

• Institutional licensees are granted a limited, non-transferable license to provide student access to the platform, subject to agreed usage limits

7.2. Company rights

The company may define:

• User limits (e.g., maximum number of concurrent users per license)
• Scope of access such as modules, features, or content available
• Administrative controls inclusive of reporting, monitoring, and account management

Intellectual Property

8.1. All rights in the platform, including software, content, and trademarks, remain the property of the company.

8.2. No rights are transferred except for a limited right of use.

8.3. Users may not copy, modify, distribute, or reverse-engineer the platform.

Warranties and Disclaimers

The platform is provided "as is" and without warranties, except as required by law.

Specifically:

• No guarantee of uninterrupted availability or error-free operation
• No warranty regarding accuracy, completeness, or fitness for a particular purpose
• The company undertakes to use reasonable care in maintaining service availability but does not guarantee continuous uptime

Breach

10.1. In the event of breach, the company may:

• Suspend access
• Terminate agreements
• Claim damages

10.2. Penalties are subject to the Conventional Penalties Act 15 of 1962.

Force Majeure

The company shall not be liable for failure to perform due to events beyond its control, including but not limited to:

• Power outages, internet failures, or telecommunications disruptions
• Natural disasters, strikes, or civil unrest
• Acts of government or regulatory authorities

The company will notify users of such events where reasonably possible.

Dispute Resolution

12.1. In the event of conflict, the parties involved shall attempt to resolve disputes through negotiation.

12.2. If unresolved, disputes may be referred to mediation or arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), unless otherwise agreed.

12.3. Only if mediation or arbitration fails may disputes proceed to litigation.

Limitation of Liability

This clause limits the company's liability and must be read carefully.

Liability is limited to the maximum extent permitted under the Consumer Protection Act 68 of 2008.

• The company shall not be liable for indirect, consequential, or punitive damages
• Aggregate liability shall not exceed the total fees paid by the user in the preceding 12 months

Governing Law and Jurisdiction

• These terms are governed by the law of the Republic of South Africa. The parties consent to the jurisdiction of South African Courts
• Proceedings shall be conducted in English unless otherwise agreed

General

15.1. Non-Variations (Shifren Clause): Changes must be in writing and signed by both parties.

15.2. Severability: Invalid clauses do not affect the remainder of this Agreement.

15.3. Entire Agreement: These terms and conditions constitute the full agreement, superseding all prior communication.