Terms of Service

1. Definitions

• Workspace - the isolated environment that holds your projects, documents, tenders, tasks, contacts, and members, billed as a single unit.
• Customer Data - all content you or your members upload, create, or transmit through the Service, including drawings, documents, revisions, markups, transmittals, RFIs, tasks, tender records, messages, and contact records.
• Member / User - any individual you invite to a Workspace, including employees, consultants, and collaborators.
• Operator and Responsible Party - have the meanings given in the Protection of Personal Information Act, 2013 ("POPIA").
• Plan - the package of features and limits applicable to a Workspace.

2. Eligibility & registration

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate, current, and complete registration information, including a valid name, work email, and, where requested, phone number, and to keep it up to date. We may refuse, suspend, or reclaim any account or Workspace identifier at our reasonable discretion, including to comply with law.

3. Accounts & security

You are responsible for safeguarding your login credentials and for all activity under your account. Accounts are for a single named individual and may not be shared. We secure sessions using encrypted tokens stored in an HttpOnly cookie, and we record session metadata (such as IP address, device, and browser) to protect your account; an invalid or expired session results in an automatic sign-out. You must notify us promptly at support@entrebyte.com of any suspected unauthorised access. You remain responsible for the acts and omissions of your Members.

4. Workspaces, members & roles

The Service is organised into Workspaces. The Workspace owner and its administrators control membership, assign roles and permissions, organise Members into teams, and configure project-level access. Invitations are sent by email and may require approval. You are responsible for ensuring that each Member is authorised to access the Customer Data available to them, for promptly removing Members who should no longer have access, and for the configuration of roles, teams, and permissions within your Workspace.

5. Plans, trials & limits

Each Workspace is provisioned on a Plan that sets limits on storage, Members, active projects, tenders, and tasks. New Workspaces may begin on a trial Plan for a limited period; we may modify or end trials at any time. We may offer paid add-ons, such as additional storage or Member seats, at the rates published to you. Exceeding a Plan limit may require an upgrade or add-on before further use of the affected feature. Limits and inclusions are described on our pricing page and confirmed in your order.

6. Fees, billing & taxes

Subscription fees are charged per Workspace, in advance, on a monthly or annual cycle, in South African Rand and exclusive of VAT and other applicable taxes unless stated otherwise. Annual subscriptions may carry a discount. Payments are processed by a third-party payment provider; by subscribing you also agree to that provider's terms. If a payment fails or is overdue, we may retry the charge and, after reasonable notice, suspend or downgrade the Workspace. Unless required by law or expressly stated, fees are non-refundable and partial periods are not pro-rated on cancellation. We may change pricing or the composition of Plans; changes apply from your next renewal and we will give at least 30 days' notice of a material increase.

7. Your data & ownership

As between you and fluxems, you own all Customer Data and retain all rights in it. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and back up Customer Data solely to provide, secure, maintain, and improve the Service and to support you. You represent that you have all rights and consents necessary to upload and process Customer Data through the Service and that it does not infringe the rights of others or breach any law. You are responsible for the accuracy of Customer Data and for maintaining your own copies; while we keep backups, you should retain independent records of critical documents.

8. Data protection

Where Customer Data contains personal information, you are the Responsible Party and we act as your Operator, processing that personal information on your documented instructions and only to provide the Service. Our handling of personal information for which we are the Responsible Party (such as account and billing data) is described in our Privacy Policy. Each party will comply with POPIA and other applicable data-protection laws, and we will maintain appropriate security safeguards as described in section 14 and the Privacy Policy.

9. Acceptable use

You agree not to, and not to permit any Member or third party to:

• use the Service in violation of any law, regulation, or third-party right;
• upload or transmit malware, or attempt to gain unauthorised access to, probe, scan, overload, or disrupt the Service or its infrastructure;
• reverse engineer, decompile, or copy any part of the Service except to the extent the law expressly permits;
• circumvent or exceed Plan limits, usage quotas, storage allocations, or access controls;
• rent, resell, sublicense, or make the Service available to anyone outside your Workspace;
• upload content that is unlawful, defamatory, or infringing, or that you have no right to share;
• misrepresent the status, revision, currency, or authenticity of a document, transmittal, or record; or
• use the Service to send unsolicited communications or to harvest data unlawfully.

We may investigate suspected breaches and may remove content or suspend access where reasonably necessary to protect the Service, our users, or third parties.

10. Confidentiality & access levels

The Service lets you classify documents by confidentiality level and to grant or withhold access by role, team, and project. You are responsible for applying these controls appropriately to your Customer Data. Each party will protect the other's non-public information disclosed in connection with the Service and use it only for the purposes of these Terms. These confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known beforehand, or is required to be disclosed by law.

11. Document control & records

fluxems provides tools to register, version, transmit, mark up, and audit documents, and to record decisions through an audit trail. These tools support your record-keeping; they do not replace your professional, statutory, contractual, or regulatory obligations on a project. You remain responsible for the correctness of the data you enter, including revision labels, statuses, transmittal recipients, and approvals, and for verifying that you are working from the current set before relying on it. fluxems is not a party to your construction contracts and gives no engineering, legal, or professional advice.

12. Intellectual property

The Service, including its software, design, user interface, documentation, and trademarks, is owned by Entrebyte Technologies and its licensors and is protected by intellectual-property laws. Subject to these Terms and your payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription. We reserve all rights not expressly granted. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

13. Third-party services

The Service may interoperate with third-party products (for example, payment processing, email delivery, cloud hosting, and storage) or let you connect integrations. We are not responsible for third-party services, and your use of them is governed by their own terms and privacy notices. A third-party service may change or discontinue its availability, which can affect related features of the Service.

14. Availability, maintenance & support

We aim to keep the Service available and publish operational status at status.fluxems.app. We may perform planned maintenance, ideally with advance notice, and may carry out emergency maintenance at any time. We protect the Service using measures including encryption in transit, role-based access control, isolated Workspaces, time-limited download links, and regular encrypted backups. Standard support is provided by email at the level applicable to your Plan; an Enterprise order may include a separate service-level agreement that prevails over this section for that Workspace.

15. Beta & pre-release features

We may make features available on a trial, beta, "early access", or "coming soon" basis. Such features are provided "as is", may be incomplete or change, may be withdrawn, and are excluded from any availability commitment or warranty. Do not rely on a beta feature for a critical workflow.

16. Warranties & disclaimers

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms and to the fullest extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will meet every requirement. This section does not limit rights you have under the Consumer Protection Act or other law that cannot lawfully be excluded.

17. Limitation of liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profit, revenue, data, goodwill, or anticipated savings, arising out of or relating to the Service, even if advised of the possibility. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service in any twelve-month period is limited to the fees paid by you for the affected Workspace during that period. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

18. Indemnity

You will defend, indemnify, and hold harmless fluxems and its personnel from and against claims, damages, and reasonable costs arising from your Customer Data, your use of the Service in breach of these Terms, or your violation of law or third-party rights, except to the extent caused by our breach of these Terms.

19. Suspension & termination

You may cancel a subscription at any time, effective at the end of the current billing period. We may suspend or terminate access, in whole or in part, for a material breach of these Terms, non-payment, or where reasonably necessary to protect the Service, other users, or to comply with law, with notice where practicable. On termination, your right to use the Service ends and, unless prohibited by law, you may export Customer Data for a period of 30 days, after which we may delete it in the ordinary course, subject to residual copies in routine backups and any records we must retain by law. Terms that by their nature should survive termination will survive.

20. Changes to the Service & Terms

We may improve, change, or discontinue features of the Service. We may also update these Terms; if a change is material, we will give reasonable notice (for example, by email or in-app) before it takes effect. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Service.

21. Governing law & disputes

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-laws rules. The parties submit to the non-exclusive jurisdiction of the South African courts. Before starting formal proceedings, the parties will attempt in good faith to resolve any dispute through discussion between senior representatives.

22. General

These Terms, together with any order and policies referenced here, are the entire agreement between the parties on this subject and supersede prior discussions. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to you may be given by email or in-app; notices to us go to support@entrebyte.com.

23. Contact

Questions about these Terms can be sent to:

fluxems by Entrebyte Technologies · Johannesburg, South Africa support@entrebyte.com