Terms of Service

Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the OmnitechWorks website (omnitechworks.com) and the Braintiq platform, including all associated features, tools, and services operated by OmnitechWorks (Pty) Ltd ("the Company", "we", "us", "our").

By accessing or using any part of our services, you confirm that you:

• Have read and understood these Terms in full
• Are at least 13 years of age, or have the consent of a parent or legal guardian
• Agree to be legally bound by these Terms
• Accept that continued use of the services constitutes ongoing acceptance of these Terms

If you do not agree to these Terms, you must immediately discontinue use of all services.

Description of Services

2.1 OmnitechWorks provides an online landing page and information platform at omnitechworks.com, and the Braintiq academic platform accessible at braintiq.app.

2.2 The Braintiq platform offers the following services:

• AI-powered tutoring with a Natural Language Pipeline for contextual academic support
• Spaced repetition flashcard system (SM-2 algorithm)
• KaTeX mathematical and scientific notation rendering
• Offline-capable Progressive Web Application (PWA)
• Pomodoro focus and productivity management
• Habit and academic progress tracking
• Gamification engine for engagement and study habit formation
• Project and semester management tools
• Academic content analysis and summarisation

2.3 We reserve the right to modify, add, or discontinue any feature or service at any time. Where a change materially affects your use of the platform, we will provide reasonable notice where practicable.

Eligibility and Account Registration

3.1 You must be at least 13 years of age to use the platform independently. Users under 18 must have the consent and supervision of a parent or legal guardian as required under the Children's Act 38 of 2005.

3.2 When registering an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your login credentials confidential and not share them with any other person
• Notify us immediately at hello@omnitechworks.com if you suspect unauthorised access to your account

3.3 You are solely responsible for all activity that occurs under your account. The Company accepts no liability for loss arising from your failure to maintain account security.

3.4 One account per user is permitted. Creating duplicate accounts to circumvent access restrictions or suspensions is prohibited.

Fees, Subscriptions and Payment

4.1 Braintiq may be accessed on a free or paid basis depending on the tier and features selected. Current pricing is displayed on the platform and is subject to change with reasonable notice.

4.2 Institutional licensing is available at rates between R250 and R350 per student per year, subject to a written institutional agreement.

4.3 Where a paid subscription is selected:

• Payment is due in accordance with the selected billing cycle (monthly or annual)
• Accepted payment methods include EFT, debit card, credit card, and other approved channels
• Failure to pay may result in suspension or downgrade of your account

4.4 All fees are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable.

4.5 The Company reserves the right to revise fees by giving 30 days' written notice. Continued use after the notice period constitutes acceptance of the revised fees.

Cancellations and Refunds

5.1 Individual users may cancel their subscription at any time through their account settings or by contacting hello@omnitechworks.com.

5.2 Cancellation takes effect at the end of the current billing period. No refunds are issued for the remainder of a paid period unless required by law.

5.3 Institutional clients must provide 60 days' written notice of cancellation. Refunds for unused licence periods will be assessed on a case-by-case basis per the institutional agreement.

5.4 Accounts terminated for breach of these Terms, the User Agreement, or the Acceptable Use Policy are not eligible for refunds.

Intellectual Property

6.1 All content, software, designs, trademarks, trade names, logos, and materials on the OmnitechWorks website and Braintiq platform — including the OmnitechWorks and Braintiq brand identities — are the exclusive intellectual property of OmnitechWorks (Pty) Ltd and are protected under South African and international intellectual property law.

6.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for your personal, non-commercial academic purposes only.

6.3 You may not:

• Copy, reproduce, or redistribute platform content or software without prior written consent
• Use the OmnitechWorks or Braintiq brand, name, or logo in any external communication without written authorisation
• Create derivative works based on platform content or AI outputs for commercial purposes

6.4 You retain ownership of content you create and upload to the platform. By uploading content, you grant the Company a limited licence to use it for service delivery and platform improvement, as detailed in the Privacy Policy.

User Conduct

7.1 You agree not to use the platform in any way that:

• Violates any applicable South African or international law or regulation
• Infringes the rights of any third party, including intellectual property or privacy rights
• Involves academic fraud, plagiarism, or misrepresentation as described in the Acceptable Use Policy
• Introduces malicious code, scripts, or harmful content to the platform
• Interferes with the operation, security, or performance of the platform or its infrastructure

7.2 Violation of this section may result in immediate account suspension or permanent termination, and may be reported to relevant authorities.

AI Features and Disclaimer

8.1 The Braintiq platform incorporates artificial intelligence, including a Natural Language Pipeline, large language models, and retrieval-augmented generation. These systems are designed to provide academic support but are subject to the limitations described in the AI Disclaimer.

8.2 AI-generated outputs may be inaccurate, incomplete, or misleading. They must not be relied upon without independent verification for any academic submission, assessment, or consequential decision.

8.3 The Company makes no warranty regarding the accuracy, reliability, or fitness for academic purposes of any AI-generated content. Full details are set out in the AI Disclaimer.

Privacy and Data Protection

9.1 We collect and process your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

9.2 By using the platform, you consent to the collection and processing of your personal information as described in the Privacy Policy, which forms part of these Terms.

9.3 You have the right to access, correct, or request deletion of your personal information at any time by contacting hello@omnitechworks.com.

Third-Party Services and Links

10.1 The platform may contain links to third-party websites or integrate with third-party services. These are provided for convenience only and do not constitute an endorsement by OmnitechWorks.

10.2 The Company is not responsible for the content, privacy practices, or availability of any third-party website or service. You access third-party services at your own risk and subject to their own terms.

10.3 Our infrastructure relies on third-party service providers including Supabase for data storage. These providers process data under agreements consistent with POPIA requirements.

Availability and Service Interruptions

11.1 We aim to maintain high platform availability but do not guarantee uninterrupted or error-free access. Scheduled maintenance, unexpected outages, or third-party infrastructure failures may affect availability.

11.2 The offline PWA functionality is specifically designed to mitigate the impact of connectivity issues and load-shedding. However, some features require an active connection and will be unavailable offline.

11.3 The Company shall not be liable for any loss or inconvenience caused by service interruptions outside its reasonable control.

Termination

12.1 You may terminate your account at any time by using the in-platform account closure function or submitting a written request to hello@omnitechworks.com.

12.2 The Company may suspend or terminate your access immediately and without prior notice if you:

• Breach any provision of these Terms, the User Agreement, or the Acceptable Use Policy
• Engage in conduct that poses a security risk to the platform or other users
• Provide false registration information
• Fail to pay applicable fees within the agreed timeframe

12.3 Upon termination, your right to access the platform ceases immediately. Certain data may be retained in accordance with the Privacy Policy and applicable legal obligations.

Limitation of Liability

13.1 To the maximum extent permitted by applicable law, OmnitechWorks (Pty) Ltd shall not be liable for:

• Indirect, consequential, incidental, or punitive damages of any kind
• Loss of data, academic outcomes, business opportunities, or revenue
• Reliance on AI-generated content that proves inaccurate or misleading
• Service interruptions, downtime, or technical failures
• Actions or omissions of third-party service providers

13.2 Nothing in these Terms excludes or limits liability for gross negligence, wilful misconduct, or any liability that cannot be excluded under South African law.

13.3 Where liability cannot be fully excluded, our total liability to you shall not exceed the amount paid by you to the Company in the 12 months preceding the event giving rise to the claim.

Indemnity

You agree to indemnify and hold harmless OmnitechWorks (Pty) Ltd, its directors, employees, and agents from any claims, losses, damages, liabilities, or expenses (including legal costs) arising from your use of the platform, your breach of these Terms, your violation of any third-party rights, or any misuse of AI-generated content. This indemnity extends to third-party claims resulting from your conduct.

Dispute Resolution

15.1 In the event of a dispute arising from or related to these Terms or the use of our services, the parties shall first attempt to resolve the matter through direct negotiation in good faith.

15.2 If the dispute is not resolved within 21 days of written notice, it shall be referred to mediation under the Arbitration Foundation of Southern Africa (AFSA).

15.3 If mediation fails, the dispute shall proceed to binding arbitration under AFSA rules, conducted in English in Pretoria, Gauteng, unless otherwise agreed.

15.4 Nothing in this clause prevents a party from seeking urgent relief from a South African court of competent jurisdiction.

Governing Law

These Terms of Service are governed exclusively by the laws of the Republic of South Africa. Any matter not resolved through dispute resolution shall be subject to the jurisdiction of the South African courts. Proceedings shall be conducted in English unless otherwise agreed by both parties.

Changes to These Terms

17.1 We reserve the right to update or modify these Terms of Service at any time. Where changes are material, we will provide notice through the platform or via email at least 14 days before the changes take effect.

17.2 Continued use of the platform after the effective date of revised Terms constitutes acceptance of the updated Terms. If you do not accept the revised Terms, you must discontinue use of the platform before they take effect.

17.3 The most current version of these Terms is always available at omnitechworks.com/terms-of-service.

General Provisions

Entire Agreement: These Terms, together with the User Agreement, Privacy Policy, AI Disclaimer, Acceptable Use Policy, and Terms and Conditions, constitute the complete legal framework governing your relationship with OmnitechWorks (Pty) Ltd.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary, and the remainder of the Terms shall continue in full force.

No Waiver: Failure by the Company to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer your rights or obligations under these Terms to any third party without prior written consent from the Company. The Company may assign its rights in connection with a merger, acquisition, or sale of assets.

Force Majeure: The Company is not liable for any failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including load-shedding, acts of government, natural disasters, or infrastructure failures.

Questions About These Terms

For any questions, clarifications, or legal notices regarding these Terms of Service, contact us at:

• Email: hello@omnitechworks.com
• Company: OmnitechWorks (Pty) Ltd
• Registration: 2026 / 197863 / 07
• Location: Pretoria, Gauteng, South Africa